UNIVERSITY  OF  CALIFORNIA 
AT   LOS  ANGELES 


Gift  of 
Mrs.E.B.  Darlington 


DEPARTMENT  OF  THE  INTERIOR 


MANUAL 

OF  THE 
UNITED  STATES  RECLAMATION  SERVICE 

(EDITION  OF  1913) 


F.  H.  NEWELL,  DIRECTOR 


(PRICE,    $2.00) 


WASHINGTON 
MARCH,  1913 


DEPARTMENT  OE  THE  INTERIOR, 
UNITED  STATES  RECLAMATION  SERVICE. 

WASHINGTON,  D.  C,  February  15,  1913. 

^  This  Manual  is  a  revision  of  a  preliminary  edition  issued  under 

^s        date  of  April,  1912,  this  being  in  turn  a  revision  and  collection  of 

sJM          leaflets  sent  out  for  criticism  during  January  and  February,  1912. 

0^    .The  present  (1913)  edition  embodies  the  changes  or  corrections 

which  have  been  suggested  or  made  necessary  by  new  enactments  in 

I  the  interval  from  the  time  of  issue  of  the  1912  edition  up  to  the 

end  of  January,  1913. 
s  The  Manual  is  the  result  of  the  work  of  the  Washington  office 

^x  force,  revised  and  added  to  by  constructive  criticism  received  from 

TS          scores  of  men  actively  engaged  in  field  work.     It  embodies  the 

^)        substance  of  a  large  number  of  memoranda,  circulars,  service  or- 
ders, and  general  instructions  issued  from  time  to  time  during  the 

Q)          decade  of  growth  and  development  of  the  Reclamation  Service. 

"^          Its  arrangement  has  been  dictated  as  far  as  practicable  by  consider- 
ations of  convenience  in  referring  to  the  subject  matter,  the  prin- 

^2  cipal  topics  being  discussed  in  small  groups  and  arranged  in  alpha- 

betic order  in  accordance  with  the  most  prominent  idea. 

^  Any  manual  of  this  kind  is  more  or  less  ephemeral  and  must  be 

modified  at  short  intervals.     It  has,  however,  a  definite  object  and 

^  value,  not  merely  in  securing  greater  uniformity  in  practice  but 

also  in  enforcing  efficiency  and  economy.  It  has  further  a  certain 
legal  status  in  pointing  out  the  responsibility  and  duties  of  the 

•  various  employees  and  from  time  to  time  is  referred  to  as  evidence 

x*"         of  such  authority. 

tx  Under  the  President,  among  other  heads  of  Departments,  is  the 

Secretary  of  the  Interior,  who  by  various  statutes  is  entrusted  with 
many  duties  and  responsibilities.  In  the  matter  under  considera- 
tion he  is  named  as  the  responsible  officer  to  execute  the  purposes 
of  the  Reclamation  Act  of  June  17,  1902  (32  Stat,  388).  He  in 
turn  organized  the  Reclamation  Service  on  July  8,  1902,  at  first 
under  the  Director  of  the  Geological  Survey.  Later,  on  March  9, 

in 

^98234 


IV 


PREFACE    TO    1913    EDITION 


1907  it  became  an  independent  organization  reporting  to  the  Secre- 
ary  through  its  own  Director.  The  Reclamation  Service  how- 
ever, is  not  a  bureau  of  the  Department  created  by  an  act  of _Con- 
ores;,  but  is  an  organization  representing  the  Secretary  of  the  In- 
terior through  administrative  authority  conferred  by  him. 

When  the  Reclamation  Service  was  organized  under  the  Director 
of  the  Geological  Survey,  Charles  D.  Walcott,  in  July,  90S  the 
rules  and  regulations  of  that  organization  were  made  applicable  tc 
the  new  work.  Most  of  the  operations  for  some  time  thereafter 
were  of  the  nature  of  survey  and  examination,  hence  the  instruc- 
tions issued  by  the  Geological  Survey  were  found  to  be  apphcab  e 
in  the  guidance  of  field  parties.  The  Reclamation  Service  officials 
participated  in  the  revision  of  the  instructions  of  1903  prepared 
for  the  Geological  Survey,  these  being  adapted  to  the  needs  of  the 
hydrographic  branch,  this  including  the  Reclamation  Service, 
first  Manual  of  the  Reclamation  Service  may  thus  be  considered  as 
the  "Instructions  Relating  to  the  Work  of  the  Geological  Survey- 
May  1,  1903." 

As  the  work  of  reclamation  construction  advanced,  it  was  found 
necessary  from  time  to  time  to  issue  new  instructions  adapted  to  it. 
It  was  early  appreciated  that  in  time  these  should  be  embodied  in  a 
manual  for  ready  reference.  The  character  of  the  work, 
however,  was  found  to  be  changing  so  rapidly  and  the  conditions 
as  they  developed  were  so  different  from  those  anticipated  that  it 
was  apparent  that  no  suitable  manual  could  be  prepared  until  there 
had  been  worked  out  in  the  field  a  definite  course  of  procedure, 
based  on  local  needs.  A  careful  analysis  of  the  situation  showed 
that  there  was  danger  of  obstruction  and  loss  in  providing  regula- 
tions in  advance  of  the  knowledge  of  the  real  needs.  It  was  equally 
obvious  that  as  conditions  unfolded  and  instructions  were  drafted 
to  meet  the  needs  the  compilation  of  such  instructions  would  form 
the  best  guide  for  a  manual. 

In  order  to  fully  understand  these  conditions  and  to  make  use  of 
the  experience  being  acquired  several  expedients  were  devised, 
notably  the  holding  of  annual  conferences  at  which  the  principal 
engineers  could  freely  discuss  matters  under  consideration,  and 
where  papers  could  be  presented  for  discussion.  The  results  of 
the  earlier  conferences  were  embodied  in  water  supply  and  irriga- 
tion papers,  these  serving  to  a  certain  extent  as  preliminary  in- 


PREFACE   TO    1913    EDITION  V 

structions.  The  most  important  of  these  is  Water  Supply  and  Ir- 
rigation Paper  No.  93  of  the  United  States  Geological  Survey,  en- 
titled, "Proceedings  of  the  First  Conference  of  Engineers  of  the 
Reclamation  Service,  With  Accompanying  Papers,"  being  the  re- 
sult of  the  conference  at  Ogden,  Utah,  September  15  to  18,  1903. 

The  results  of  the  second  conference  of  reclamation  engineers 
were  published  in  Water  Supply  and  Irrigation  Paper  No.  146. 
These  related  to  the  meeting  at  El  Paso,  Texas,  November  14-18, 
1904,  and  adjournment  to  Washington,  D.  C.,  January  9-14,  1905. 

The  results  of  later  conferences  were  embodied  in  typewritten  or 
other  reports  not  printed. 

Previous  to  1907,  the  then  Chief  Engineer  brought  together  for 
suggestion  and  guidance  all  of  the  earlier  material  and  also  manuals 
available  from  various  bureaus  of  the  Government,  from  State 
surveys,  and  from  other  organizations.  Particular  attention  was 
given  to  the  material  obtained  from  the  Corps  of  Engineers,  United 
States  Army.  The  various  instructions  and  orders  were  studied 
with  reference  to  their  applicability  to  the  work  in  hand.  It  was 
found,  however,  after  prolonged  study  of  these  that  most  of  them 
were  based  upon  special  statutes  or  upon  conditions  such  that  they 
could  not  be  used  as  a  basis  for  instructions  in  the  Reclamation 
Service,  or  at  least  without  radical  changes. 

As  a  result  of  consideration  of  the  subject  from  1905  to  1907  a 
draft  of  a  relatively  complete  reclamation  manual,  distinct  from 
that  of  the  Geological  Survey,  was  prepared  and  submitted  to  the 
principal  men  in  the  field  and  to  the  legal  and  accounting  experts  in 
Washington.  Much  time  was  devoted  to  careful  study  of  the  sug- 
gestions made  and  to  comparison  with  the  methods  of  various  cor- 
porations and  organizations  inside  and  outside  of  government  ser- 
vice, so  that  by  the  fall  of  1908,  the  Reclamation  Manual  as  revised 
by  many  minds  was  put  in  type. 

On  May  14,  1909,  the  printing  of  Part  I  of  the  Manual,  Chapters 
1.  5,  6,  and  8,  was  authorized,  and  on  November  2,  1909,  Part  II 
of  the  Manual  was  neostyled,  both  of  these  being  limited  to  small 
editions.  Since  the  time  of  reproduction  in  1909  of  this  material, 
there  have  been  a  number  of  acts  of  Congress  resulting  in  some- 
what extensive  changes  requiring  a  thorough  rewriting  of  the  en- 
tire material  prepared  in  1908. 


VI  PREFACE  TO  1913  EDITION 

The  various  manuals  for  the  guidance  of  the  Reclamation  Ser- 
vice may  thus  be  summed  up  as  follows : 

1902:  Regulations  and  Instructions  of  the  United  States  Geo- 
logical Survey. 

1903 :  Revision  of  the  above. 

1904 :  Water  Supply  Paper  No.  93. 

1905:  Water  Supply  Paper  No.  146. 

1909  :  Part  I  printed,  and  Part  II  neostyled. 

1912 :  Preliminary  edition. 

1913 :  Present  edition. 

These  various  instructions  or  preliminary  matter,  leading  up  to 
the  Manual  have  been  amplified  in  a  large  number  of  circulars,  the 
essential  portions  of  which  have  been  combined  in  the  present  edi- 
tion. This  edition,  therefore,  takes  the  place  of  all  former  memo- 
randa, circulars,  service  orders,  and  other  general  instructions,  and 
is  to  be  considered  as  authoritative,  excepting  as  modified  hereafter 
from  time  to  time  by  service  orders  printed  monthly  in  the  Recla- 
mation Record  or  issued  from  the  Washington  office. 

F.  H.  NEWEU,, 

Director. 


RECLAMATION    SERVICE  MANUAL 

ACCIDENTS. 

Accidents  involving  loss  of  life  or  property  or  extraordinary  inci- 
dents should  be  reported  promptly  to  the  Director  by  wire  or  mail, 
giving  the  principal  facts  and  sufficient  information  to  enable  the 
Washington  office  to  answer  ordinary  inquiries.  (See  also  INJUR- 
IES, COMPENSATION  FOR.) 

ACCOUNTING  IN  PROJECT  OFFICES,  ORGANIZA- 
TION FOR. 

Bookkeeper,  par.  9. 

Chief  Clerk,  par.  1. 

Cost  Keeper,  par.  11. 

Forwarding  Agent,  par.  4. 

Mercantile  Store  Clerk,  par.  6. 

Payroll  Clerk,  par.  10. 

Property  inspector,  par.  7. 

Purchasing  agent,  par.  2. 

Relation  of  duties  to  designation  of  employes,  par.  16. 

Stationery  Clerk,  par.  8. 

Special  Fiscal  Agent,  par.  12. 

Stenographer,  par.  13. 

Steward,  par.  15. 

Storehouse  Clerk,  par.  5. 

Timekeeper,  par.  14. 

Transportation  Clerk,  par.  3. 

1.  Chief  Clerk. — The  chief  clerk  will  report  to  the  project 
manager,  and  will  be  in  charge  of  all  clerical  employees  in  the 
project  office;  he  will  make  necessary  recommendations  affecting 
the  status  of  such  employees.  The  chief  clerk  is  in  responsible 
charge  of  all  accounting  and  cost  keeping  for  the  project,  and  should 
also  be  in  charge  of  the  office  building,  headquarters  and  visitor's 
sleeping  quarters,  headquarters'  mess  and  grounds.  He  should  open 
all  official  mail  addressed  to  the  project  office,  stamping  each  letter 
with  the  date  of  receipt  and  making  necessary  reference  marks.  He 
should  carefully  sort  the  mail,  giving  to  the  project  manager  such 


2  RECLAMATION    SERVICE)    MANUAL. 

technical  letters  as  there  is  reason  to  believe  that  he  will  prefer  to 
answer  direct,  distributing  to  the  different  clerks,  whose  business  it  is 
to  properly  consider  and  handle  them,  all  letters  relating  to  account- 
ing and  cost  keeping.  The  chief  clerk  should  frequently  consult  with 
the  project  manager  on  bookkeeping  and  cost  keeping  matters  and 
should,  under  the  instructions  of  the  project  manager,  settle  all  ques- 
tions affecting  accounting  matters  for  the  project.  He  should  also 
be  familiar  with  all  of  the  work  on  the  project,  in  order  that  he  may 
have  no  trouble  in  compiling  costs  from  the  data  furnished  from  the 
field.  The  chief  clerk  should  exercise  care  at  all  times  to  see  that 
there  is  no  duplication  of  work  in  the  affairs  under  his  supervision. 

2.  Purchasing  agent. — The  purchasing  agent  should  make 
all  purchases  for  the  project,  and  other  employees  should  place  no 
orders  that  have  not  gone  through  his  hands.     He  should  receive 
requests    for   purchases,    send    out    advertisements    for   proposals, 
award  contracts,  and  place  orders  with  merchants.      (SEE  ALSO 
PURCHASING.) 

3.  Transportation  clerk. — The   transportation   clerk   should 
attend  to  the  receiving  and  sending  of  freight  and  express,  wagon 
hauling  and  passenger  transportation.     He  should  keep  a  complete 
record  of  bills  of  lading  and  transportation  requests,  and  should 
work  in  conjunction  with  the  purchasing  agent.     Generally,  it  will 
be  found  best  for  him  to  report  directly  to  the  purchasing  agent. 

4.  Forwarding  agent. — On  some  projects  the  employment  of 
a  forwarding  agent  may  be  desirable.   Such  an  employee  will  gener- 
ally be  necessary  on  projects  located  several  miles  from  the  nearest 
railroad  station.    The  duties  of  forwarding  agent  will  consist  largely 
of  superintending  the  receipt  and  forwarding  of  freight  and  express, 
loading  wagons,  aiding  the  purchasing  agent  to  obtain  proposals  and 
place  orders,  and  generally  in  representing  the  purchasing  agent,  to 
whom  he  should  report. 

5.  Storehouse  clerk. — The  storehouse  clerk  should  receive 
and  receipt  for  all  material,  supplies  and  equipment  intended  for  the 
use  of  the  project,  make  requests  for  purchases  on  the  purchasing 
agent,  issue  material  and  supplies  on  requisitions,  and  keep  complete 
records  of  all  storehouse  transactions.      (SEE  ALSO  STOREHOUSES.) 

6.  Mercantile  store  clerk.— The  clerk  in  charge  of  a  mercan- 
tile store  should  make  requests  for  purchases  on  the  purchasing 
agent  for  all  supplies  intended  to  be  sold.    He  should  keep  complete 


ACCOUNTING  IN   PROJECT   OFFICES,   ORGANIZATION    FOR. 

records  of  receipts  and  sales,  and  will  be  accountable  for  the  proper 
management  of  the  mercantile  store.     (SEE  MERCANTILE  STORES.) 

7.  Property  inspector. — The  property  inspector  should  keep 
a  complete  record  of  the  quantity,  condition,  and  location  of  all 
equipment  on  the  project.    He  should  make  frequent  inspection  trips 
over  the  various  features  of  the  project,  to  look  into  the  condition 
and  care  of  equipment,  and  to  superintend  the  branding  of  animals 
and  other  Government  property.     He  should  be  accountable  for  all 
of  the  property  on  the  project.      (  SEE  ALSO  PROPERTY.  ) 

8.  Stationery   clerk. — The    stationery   clerk   should   receive 
and  issue  on  requisition  all  stationery  for  the  project  and  should 
keep  a  complete  record  of  amounts  received  and  issued  and  of  the 
stock  on  hand.     He  should  make  requisition  through  the  purchas- 
ing agent  on  the  office  of  the  Director  for  all  stationery  required 
and  should  be  held  responsible  for  shortage  in  the  stock  of  sta- 
tionery. 

9.  Bookkeeper. — The    bookkeeper    should    be    in    complete 
charge  of  the  account  books  kept  on  the  project,  including  voucher 
register,   cost  and   general  ledgers,   and   all   auxiliary  books,   and 
should  be  responsible  for  the  records  of  the  receipt  and  issue  of 
stores,  coupons,  rneal  tickets,  etc.   He  should  frequently  consult  the 
cost  keeper  and  chief  clerk  to  see  that  all  necessary  data  are  being 
received  from  the  field.     He  should  prepare  monthly  bookkeeping 
reports  for  the  project  engineer,  supervising  engineer  and  for  the 
Director.      (SEE  ALSO  BOOKKEEPING.) 

10.  Pay-roll  clerk. — The   pay-roll   clerk   should   receive    all 
time  books  and  time  checks ;  prepare  pay-rolls ;  and,  in  order  to  avoid 
duplication,  check  services  on  time  cards  and  charges  for  meals  on 
travel  and  field  expense  accounts.    He  should  prepare  all  communi- 
cations to  timekeepers  in  regard  to  their   work  and    should   have 
charge  of  any  open  pay-rolls.     He  should  be  an  intermediary  be- 
tween the  employee  who  is  to  be  paid  and  the  special  fiscal  agent. 
The  pay-roll  clerk  should  take  care  of  and  file  all  personnel  records, 
such  as  papers  relating  to  appointments,  applications  for  employ- 
ment, transfers  of  employes,  contracts  with  employes,  etc.,  and 
should  also  be  responsible  for  the  accuracy  of  service,  travel  and  field 
expense  accounts  that  pass  through  his  hands.     He  should  keep  a 
complete  card  index  of  all  employees  on  the  project,  giving  name, 
address,  designation,  and  rate  of  pay,  and  a  statement  of  the  time 


4.  RECLAMATION    SERVICE    MANUAL. 

worked  each  month  should  be  entered  thereon.  This  record  should 
be  kept  up  to  date  to  avoid  duplication  of  pay,  and  ultimately  to 
form  a  part  of  the  personnel  records  of  the  project  office.  Con- 
tracts for  the  hire  of  teams,  wagons,  etc.,  should  be  prepared  under 
his  supervision,  and  when  the  language  used  in  the  contracts  is 
practically  the  same,  time  may  be  saved  by  mimeographing  a  num- 
ber of  these  forms. 

11.  Cost  keeper. — The  cost  keeper  should  collect  current 
cost  data  intended  for  the  use  of  the  project  manager  and  should  see 
that  cost  records  are  kept  up  to  date.  These  data  will  be  obtained 
from  the  daily  and  monthly  feature  reports  submitted  by  foremen 
and  timekeepers  and  from  the  bookkeeper  through  the  chief  clerk. 
The  cost  keeper  should  confer  frequently  with  both  the  bookkeeper 
and  the  chief  clerk  and  see  that  lists  of  necessary  bookkeeping  ac- 
counts, with  their  account  numbers  and  instructions  are  sent  to  the 
engineers,  superintendents  and  others  who  are  in  charge  of  work  on 
the  project.  When  new  work  of  any  character  is  contemplated,  the 
cost  keeper  and  the  chief  clerk  should  hold  a  conference  with  the 
project  manager  to  determine  just  what  cost  data  are  to  be  kept.  At 
least  once  a  month  the  project  manager,  together  with  the  chief 
clerk,  should  review  cost  records  in  order  to  ascertain  if  satisfactory 
information  is  being  secured  regarding  the  character  of  the  work  al- 
ready under  construction.  The  cost  keeper  should  spend  as  much 
time  as  practicable  on  the  work,  so  that  he  may  study  existing  condi- 
tions and  anticipate  the  wishes  of  the  project  manager  and  chief 
clerk  regarding  the  collection  of  better  and  more  detailed  cost  infor- 
mation. After  the  cost  keeper  has  become  well  acquainted  with  his 
duties  he  should  be  able  to  detect  improper  methods  of  handling 
material  and  to  point  out  places  where  both  time  and  money  may  be 
spent  to  better  purposes  and  with  better  results,  and  he  should  keep 
the  project  manager  informed  in  regard  to  such  cases  so  that  abuses 
may  be  promptly  corrected  and  methods  improved.  He  should  main- 
tain the  daily  cost  records  in  a  convenient  form  so  that  the  project 
manager  may  always  be  in  a  position  to  change  antiquated  methods 
and  stop  unnecesary  expenditures.  The  cost  keeper  need  not  neces- 
sarily be  an  engineer,  but  the  assignment  of  a  young  engineer  to  this 
work  is  desirable,  because  an  engineer  will  usually  be  better  in- 
formed as  to  methods  and  because  of  the  educational  advantages  of 
this  work.  The  cost  keeper  should  report  directly  to  the  project 
manager.  (SEE  ALSO  COST  KEEPING.) 


ACCOUNTING  IN   PROJECT  OFFICES,   ORGANIZATION   FOR.  5 

12.  Special  fiscal  agent. — The  special  fiscal  agent  should  pay 
accounts  presented  to  him  for  payment  after  auditing  them  as  to  cor- 
rectness of  form,  etc.     He  should  pay  all  accounts  promptly,  for 
prompt  payment  means,  as  a  rule,  lower  prices,  and  he  should  aid 
the  purchasing  agent  in  obtaining  cash  discounts  by  disposing  of 
routine  business  in  a  prompt  and  businesslike  manner.    The  special 
fiscal  agent  should  also  collect  and  receipt  for  all  money  that  is  re- 
quired to  be  paid  to  the  United  States  and  see  that  it  is  accounted  for 
in  a  proper  manner.    He  should  be  provided  with  a  safe  or  vault  for 
the  safe  keeping  of  his, check  books  and  other  valuable  books  and 
records,  and  he  alone  should  have  access  to  it  or  to  that  portion  as- 
signed to  him.     He  should  have  absolutely  nothing  to  do  with  the 
making  of  purchases  or  the  preparation  of  vouchers,  and  he  should 
be  surrounded  with  every  possible  check  that  would  tend  to  safe- 
guard the  Government's  interests  as  well  as  his  own.     The  special 
fiscal  agent  may  be  frequently  importuned  by  merchants  and  others 
to  act  as  their  collector,  or  to  protect  them  against  loss  in  the  tran- 
saction of  business  with  Government  employes ;  but  under  no  cir- 
cumstances should  such  an  arrangement  be  permitted.    As  the  spe- 
cial fiscal'agent  may  on  short  notice  be  moved  from  point  to  point 
in  the  field,  it  may  be  convenient  for  him  to  use  a  press  copy  letter 
book  for  keeping  copies  of  his  letters.     This  book,  together  with 
such  letters  as  he  may  receive,  should  remain  in  his  own  custody 
while  he  continues  to  serve  as  special  fiscal  agent  on  the  project,  and 
thereafter  should  be  filed  as  directed  by  the  project  engineer,  so  that 
they  may  become  a  part  of  the  project  office  records.     ( SEE  SPECIAL 
FISCAL,  AGENTS,  RESPONSIBILITIES  AND  DUTIES  OF.) 

13.  Stenographer. — The   stenographer  should  attend  to   all 
correspondence  for  the  chief  clerk  and  such  letters  as  are  not  dis- 
posed of  by  other  clerks  in  the  accounting  section.    He  should  have 
charge  of  the  letter  and  bill  files,  and  do  general  clerical  work. 

14.  Timekeeper. — The  timekeeper  should  keep  a  record  of 
the  time  of  all  persons  and  animals  employed,  submitting  the  same  in 
time  books  or  time  checks  to  the  pay-roll  clerk.     He  should  also 
record    deductions    from   pay-roll    accounts    for   meals    furnished, 
mercantile  store  coupons,  rent,  hospital  charges,  etc.     He  should 
not  be  allowed  in  any  case  to  distribute  the  fiscal  agent's  checks  to 
employees.      (See  also  TIMEKEEPING.) 

15.  Steward. — On  some  projects  where  one  or  more  large 


6  RECLAMATION    SERVICE    MANUAL. 

mess  houses  are  maintained  it  is  advisable  to  place  them  in  charge  of 
a  steward,  who  will  be  held  accountable  for  the  proper  management 
of  the  mess  houses  under  his  supervision. 

16.  Relation  of  duties  to  designation  of  employees.— It  is 
not  expected  that  a  separate  employee  will  be  required  on  every 
project  for  each  of  the  positions  named.  As  a  rule,  the  duties  of  two 
or  more  of  the  positions  may  be  assigned  to  one  clerk.  The  duties 
and  designations  are  specified  in  order  to  suggest  some  kind  of  an 
office  organization,  for  without  such  organization  it  is  hardly  to 
be  expected  that  the  ordinary  routine  business  of  an  office  can  be 
carried  on  expeditiously  or  that  the  best  results  can  be  obtained. 
The  chief  clerk  and  his  subordinates  should  exert  every  effort  to 
save  the  project  manager  and  his  technical  subordinates  from  the 
performance  of  any  clerical  work.  The  accountant's  duties  are 
quite  as  much  of  a  specialty  as  are  the  duties  of  the  engineer,  and 
if  the  engineer  is  compelled  to  do  this  class  of  work  he  must  neglect 
his  engineering  duties.  If  the  engineer  is  unhampered  by  office 
and  clerical  work  he  will  be  able  to  travel  more  and  inspect  the  work 
frequently  and  perhaps  save  on  one  trip  as  much  as  the  salary  of 
a  clerk  for  an  entire  year.  The  clerical  force  should  bear  these 
matters  in  mind. 

ACCOUNTS,  CLASSIFICATION  OF. 

Advance  collections,  water  right  building  charges,  par.  28. 
Advance  collections,  water  right  operation  and  maintenance  charges, 

par.  29. 

Building  charges,  par.  24. 
Building  charges,  forfeited,  par.  26. 
Building  cost,  par.  22. 
Building  revenues,  pars.  31  to  37,  inclusive. 
Cash  on  hand,  par.  52. 
Collection  vouchers,  par.  2. 
Contractor's  freight  refunds,  par.  32. 
Disbursement  vouchers,  par.  1. 
Equipment  in  use,  par.  44. 

Estimated  equipment  depreciation  account,  par.  57. 
Forfeitures  by  defaulting  bidders  and  contractors,  par.  33. 
Freight  and  handling,  par.  56. 


ACCOUNTS,    CLASSIFICATION    OF.  7 

Goods  in  transit,  par.  54. 

Hospitals  net  results,  par.  62. 

Inventory  accounts,  pars.  42  to  57,  inclusive. 

Mercantile  store  net  results,  par.  61. 

Mercantile  stores,  par.  42. 

Mess  house  net  results,  par.  60. 

Operation  and  maintenance  charges,  par.  25. 

Operation  and  maintenance  charges,  forfeited,  par.  27. 

Operation  and  maintenance  cost,  par.  23. 

Operation  and  maintenance  revenues,  pars.  38  to  41,  inclusive. 

Products  of  local  operations,  par.  53. 

Refunds,  repayment  account,  par.  5. 

Rentals  and  tolls,  telephone  lines,  par.  36. 

Rentals  of  buildings,  par.  30. 

Rentals  of  grazing  and  farming  lands,  par.  31. 

Rentals  of  irrigating  water,  par.  35. 

Rentals  of  irrigating  water,  O  &  M,  par.  40. 

Rentals  of  lands  and  buildings,  par.  38. 

Rentals  of  power  and  light,  par.  34. 

Rentals  of  power  and  light,  O  &  M,  par.  39. 

Reserve  for  replacement  of  structures,  par.  59. 

Revenues,  miscellaneous,  par.  37. 

Revenues,  miscellaneous,  O  &  M,  par.  41. 

Services  of  Government  animals,  par.  58. 

Transfer  adjustment  account,  par.  55. 

Transfer  vouchers  received,  par.  3. 

Transfer  vouchers  issued,  par.  4. 

Uncollected  freight  refunds,  par.  16. 

Uncollected  miscellaneous,  par.  21. 

Uncollected  miscellaneous  rentals,  par.  18. 

Uncollected  water  rentals,  par.  17. 

Uncollected  water  right  building  charges,  par.  19. 

Uncollected  water  right  operation  and  maintenance  charges,  par.  20. 

Unpaid  agreements  to  purchase  real  property,  par.  12. 

Unpaid  contract  estimates,  par.  8. 

Unpaid  contract  holdbacks,  par.  9. 

Unpaid  freight  and  express,  par.  10. 

Unpaid  labor,  par.  6. 

Unpaid  miscellaneous,  par.  15. 


8  RECLAMATION    SERVICE    MANUAL. 

Unpaid  passenger  fares,  par.  11. 
Unpaid  purchases,  par.  7. 
Unredeemed  coupon  books,  par.  13. 
Unredeemed  meal  tickets,  par.  14. 

Class  I.     Investment  of  the  United  States. 

1.  Disbursement  vouchers. — Credit   this   account  with   dis- 
bursement vouchers  paid  by  local  special  fiscal  agents  and  disburse- 
ment vouchers  and  claims  paid  elsewhere  for  which  debit  notices 
have  been  received  and  debit  it  with  nothing  except  entries  necessary 
to  correct  bookkeeping  errors  in  previous  credits.   The  account  may 
be  subdivided  to  show  payments  by  different  special  fiscal  agents  if 
desired,  but  the  whole  should  be  reported  in  a  single  item. 

2.  Collection  vouchers. — Debit  this  account  with  collection 
vouchers  collected  by  local  special  fiscal  agents  and  collection  vouch- 
ers and  claims  collected  elsewhere  for  which  credit  notices  have 
been  received,  and  credit  it  with  nothing  except  entries  necessary 
to  correct  bookkeeping  errors  in  previous  debits,  and  with  refunds 
as  directed  in  par.  5.    The  account  may  be  subdivided  to  show  col- 
lections by  different  special  fiscal  agents  if  desired,  but  the  whole 
should  be  reported  in  a  single  item. 

3.  Transfer  vouchers  received. — Credit  this  account  with  the 
value  of  equipment,  articles  or  services  transferred  from  other  proj- 
ects as  represented  by  approved  transfer  vouchers,  and  debit  it  with 
nothing  except  entries  necessary  to  correct  bookkeepking  errors  in 
previous  credits.     The  balance  will  be  a  credit  balance  and  will 
represent  the  gross  value  of  transfers  from  other  projects.     This 
account  may  be  subdivided  to  show  the  value  of  transfers  received 
from  each  project,  but  the  whole  should  be  reported  in  a  single  item. 

4.  Transfers,  vouchers  issued. — Debit  this  account  with  the 
value  of  equipment,  articles  or  services  transferred  to  other  projects, 
as  represented  by  approved  transfer  vouchers,  and  credit  it  with 
nothing  except  entries  necessary  to  correct  bookkeeping  errors  in 
previous  debits.     The  balance  will  be  a  debit  balance,  representing 
the  gross  transfers  to  other  projects.     This  account  may  be  subdi- 
vided to  show  the  amount  transferred  to  each  project,  but  the  whole 
should  be  reported  in  a  single  item. 

Note. — The  amount  debited  on  the  books  of  the  project 


ACCOUNTS,    CLASSIFICATION    OF.  9 

issuing  the  transfer  should  be  the  same  as  that  credited  on 
the  project  receiving  it,  so  that  the  totals  of  these  accounts 
(3  and  4)  for  all  projects,  when  brought  together  in  the 
Director's  office  will  equal  each  other.  Any  differences  of 
opinion  as  to  value  should  be  adjusted  before  entries  in  these 
accounts  (3  and  4)  are  made  on  the  books  of  either  project 
concerned. 

5.  Refunds  repayment  account. — Debit  this  account  with  the 
amount  refunded  to  water  users  on  account  of  Water  Right  Build- 
ing and  Operation  and  Maintenance  charges. 

Note. — When  a  refund  has  been  made  the  entries  will  be 
made  as  follows : 

1st  Debit     Repayment  account  (either  building  or  operation 
and  maintenance  accruals). 

Credit    Disbursement  vouchers. 
2d  Debit     Refunds  repayment  account. 

Credit    Collection  vouchers. 


Class  II.     Accounts  Payable. 

6.  Unpaid    labor. — Credit    this    account    with    salaries    and 
wages  earned  as  shown  by  time  books  or  other  time  records,  and 
debit  it  with  deductions  from  service  vouchers  for  meals  furnished 
or  meal  tickets  issued,  lodging,  sales  at  mercantile  stores  or  coupon 
books  issued,  hospital  or  other  services  charged  to  employees  and 
payments  on  account  of  services.     The  balance,  if  any,  will  be  a 
credit  balance  and  will  represent  the  liability  for  unpaid  labor.   This 
account  should  not  be  subdivided,  but  details  should  be  kept  in 
auxiliary  records. 

7.  Unpaid  purchases. — Credit  this  account  with  invoices  cov- 
ering purchases,  and  debit  it  with  payments  on  account  of  such 
invoices  and  deductions  from  previously  credited  amounts  arising 
from  overcharges  therein.     The  balance,  if  any,  will  be  a  credit 
balance  and  will  represent  the  liability  for  unpaid  purchases.    This 
account  may  be  subdivided  if  desired,  but  the  whole  should  be 
reported  in  a  single  item.    Details  of  this  controlling  account  should 
be  kept  in  the  personal  accounts  in  the  Liability  Register  and  the 
sum  of  the  balances  therein  should  equal  the  balance  of  the  unpaid 
purchases  account. 


10  RECLAMATION    SERVICE   MANUAL. 

8.  Unpaid    contract    estimates.—  Credit  this    account    with 
earnings  due  on  contract  estimates  at  the  end  of  each  month,  and 
debit  it  with  subsequent  payments  thereon.  The  balance,  if  any,  will 
be  a  credit  balance  and  will  represent  the  liability  for  unpaid  contract 
estimates.     This  account  may  be  subdivided  to  show  the  amount 
due  each  contractor  but  the  total  balance  should  be  reported  in  a 
single  item.     (See  notes  I  and  2  under  p.) 

9.  Unpaid  contract  holdbacks.—  Credit  this  account  with  ac- 
crued amounts  withheld  from  the  earnings  of  contractors  because  of 
contract  provisions  for  a  holdback  and  debit  it  with  subsequent  pay- 
ments to  the  contractors  of  such  holdback  items.     The  balance,  if 
any,  will  be  a  credit  balance  and  will  represent  the  liability  for 
unpaid  contract  holdbacks.    This  account  may  be  subdivided  but  the 
total  balance  should  be  reported  in  a  single  item. 


—  It  is  important  that  unpaid  contract  holdbacks 
should  be  kept  separate  from  the  unpaid  contract  estimates, 
for  the  latter  is  a  current  liability  payable  at  once,  while  the 
former  represents  a  deferred  liability  not  usually  due  until 
the  completion  of  the  contract. 

Note  2.  —  When  monthly  estimates  are  forwarded  to  the 
Director  in  the  form  of  claims  to  be  settled  by  the  auditor, 
an  extra  memorandum  copy  thereof  should  be  transmitted. 
This  will  later  be  used  as  a  debit  notice  to  the  project 
and  will  show  actual  date  of  payment.  Upon  it  should  be 
based  the  entry  debiting  "Contract  estimates"  or  "Contract 
holdbacks"  and  crediting  paid  vouchers. 

10.  Unpaid  freight  and  express.  —  Credit  this  account  with 
the  transportation  company's  charges  on  shipments  for  the  project, 
and  debit  it  with  subsequent  payments  thereon,  as  shown  by  debit 
notices  received.  The  balance,  if  any,  will  be  a  credit  balance  and 
will  represent  the  liability  for  unpaid  freight  and  express.  The  ac- 
count should  not  be  subdivided  but  auxiliary  records  should  be  kept 
on  Forms  7-742  and  7-730b,  showing  details. 

Note.  —  The  amount  to  be  credited  to  this  account  will 
ordinarily  be  obtained  from  the  deliverying  agent's  expense 
bills  received  in  exchange  for  accomplished  bills  of  lading 
delivered  to  him  on  the  receipt  of  the  shipment.  When 
charges  on  such  expense  bills  are  subject  to  a  reduction 
because  of  land  grant  or  contract  provisions  and  the  project 
office  has  information  that  will  enable  it  to  arrive  at  the 


ACCOUNTS,  CLASSIFICATION  OF.  11 

approximate  amounts  to  be  paid,  it  will  be  better  to  credit 
this  account  with  such  amounts,  rather  than  with  the  gross 
amounts  of  the  expense  bills,  as  the  account  will  then  more 
nearly  represent  the  actual  liability  for  transportation.  If, 
when  the  debit  notices  are  received,  the  settlements  have 
been  for  more  or  less  than  the  amounts  originally  credited 
thereon,  the  increase,  or  decrease,  should  be  credited  or 
debited  to  the  account. 

11.  Unpaid  passenger  fares. — Credit  this  account  with  the 
regular  charges  for  tickets  secured  on  Government  transportation 
requests  issued,  and  debit  it  with  subsequent  payments  thereon,  as 
shown  by  debit  notices  received.     The  balance,  if  any,  will  be  a 
credit  balance  and  will  represent  the  liability  for  unpaid  passenger 
transportation.    This  account  should  not  be  subdivided.    Supporting 
detailed  records  should  be  kept  on  Form  7-744. 

12.  Unpaid  agreements  to  purchase  real  property. — Credit 
this  account  with  unpaid  amounts  represented  by  agreements  to  pur- 
chase lands,  rights  of  way,  canal  systems,  damages  allowed  for 
destruction  of  property,  etc.,  when  contracts  and  titles  have  been 
properly  approved ;  and  debit  it  with  all  subsequent  payments  made 
under  such  agreements  and  with  the  amounts  necessary  to  correct 
prior  erroneous  entries.    The  balance,  if  any,  will  be  a  credit  balance 
and  will  represent  the  liability  for  unpaid  agreements  to  purchase 
real  property.    This  account  may  be  subdivided  on  the  project  books 
but  should  be  reported  in  a  single  item. 

13.  Unredeemed  coupon  books. — Credit  this  account  with 
the  value  of  coupon  books  issued,  and  debit  it  with  redemptions  at 
mercantile  stores  and  on  disbursement  vouchers.     The  balance,  if 
any,  will  be  a  credit  balance  and  will  represent  the  liability  for  out- 
standing coupons  that  may  be  presented  for  redemption  either  by 
store  issues  or  by  disbursement  voucher  payments.     This  account 

•  should  not  be  subdivided. 

14.  Unredeemed  meal  tickets. — Credit  this  account  with  the 
value  of  meal  tickets  issued  for  which  deductions  have  been  made 
or  cash  received,  and  debit  it  with  redemptions  at  mess  houses 
and  on  disbursement  vouchers.     The  balance,  if  any,  will  be  a 
credit  balance  and  will  represent  the  liability  for  outstanding  meal 
tickets  that  may  be  presented  for  redemption.    This  account  should 
not  be  subdivided. 

15.  Unpaid  miscellaneous. — Use  this  account  to  record  un- 


12  RECLAMATION    SERVICE    MANUAI,. 

paid  items  that  do  not  fall  within  any  of  the  foregoing  accounts 
payable.  It  should  be  kept  along  the  same  lines  as  the  liability 
accounts  heretofore  described.  It  may  be  subdivided,  but  should  be 
reported  in  a  single  item. 

Class  III.     Accounts  Receivable. 

16.  Uncollected  freight  refunds. — Debit   this   account   with 
accrued  amounts  due  the  United  States  from  railroads  for  refund 
on  freight  charges  paid  by  contractors  and  for  overcharges  on  ship- 
ments for  the  United  States;  and  credit  it  with  amounts  collected 
when  debit  notices  have  been  received.    The  balance,  if  any,  will  be 
a  debit  balance  and  will  represent  the  current  asset  for  freight  re- 
funds due  the  Government.    This  account  may  be  subdivided  but  the 
total  balance  should  be  reported  in  a  single  item.   Supporting  detail 
records  should  be  kept  on  Form  7-743. 

17.  Uncollected  water  rentals. — Debit  this  account  with  ac- 
crued amounts  due  the  United  States  under  contracts  for  water  sup- 
plied for  irrigation,  and  credit  it  with  amounts  subsequently  col- 
lected thereon.   The  balance,  if  any,  will  be  a  debit  balance  and  will 
represent  the  current  asset  for  uncollected  water  rentals.     This  ac- 
count should  not  be  subdivided  but  subsidiary  records  should  be 
kept  showing  the  amount  due  from  each  water  user. 

Note. — This  account  will  not  receive  any  entries  repre- 
senting amounts  accrued  to  the  United  States  for  water- 
right  building  and  operation  and  maintenance  charges.  For 
this  class  of  entries  see  pars.  19  and  20. 

18.  Uncollected  miscellaneous  rentals. — Debit  this  account 
with  accrued  amounts  due  the  United  States  for  rentals  of  cottages, 
buildings,  grazing  lands,  etc.,  and  credit  it  with  amounts  subse- 
quently collected  thereon  and  with  the  amounts  of  deductions  there- 
for on  disbursement  vouchers.    The  balance,  if  any,  will  be  a  debit 
balance  and  will  represent  the  current  asset  for  uncollected  miscel- 
laneous rentals.     This  account  should  not  be  subdivided,  but  sub- 
sidiary records  should  be  kept  showing  the  amount  due  from  each 
tenant. 

19.  Uncollected  water-right  building  charges. — Debit    this 
account  with  the  amount  accrued  and  due  for  each  instalment  of 
reclamation  water-right  building  charges  and  credit  it  with  collec- 


ACCOUNTS,    CLASSIFICATION   OF.  13 

tions  thereon.  The  balance,  if  any,  will  be  a  debit  balance  and  will 
represent  the  current  asset  for  such  amounts  due  and  unpaid.  This 
account  should  not  be  subdivided,  but  subsidiary  records  should  be 
kept  showing  the  amounts  due  from  each  water-right  applicant. 

20.  Uncollected    water-right    operation    and    maintenance 
charges. — Debit  this  account  with  the  amounts  accrued  and 
due  for  each  instalment  of  reclamation  water-right  operation  and 
maintenance  charges,  and  credit  it  with  collections  thereon.     The 
balance,  if  any,  will  be  a  debit  balance  and  will  represent  the  current 
asset  for  such  amounts  due  and  unpaid.    This  account  should  not  be 
subdivided   but    subsidiary    records    should   be   kept    showing   the 
amounts  due  from  each  water-right  applicant. 

21.  Uncollected  miscellaneous. — Debit  this  account  with  un- 
collected  items  that  do  not  readily  fall  within  any  of  the  foregoing 
accounts  receivable  and  credit  it  with  collections  thereon.    It  should 
be  kept  along  the   same  lines  as  the  asset  accounts   heretofore 
described.     It  may  be  subdivided  but  the  total  balance  should  be 
reported  in  a  single  item. 

Class  IV.     Cost  Ledger  Controlling  Accounts. 

The  two  following  accounts  show  the  gross  charges  for  (a) 
expenditures  incurred  in  the  construction  of  the  project  and  its 
preliminary  and  incidental  features,  and  (b)  expenditures  incurred 
in  the  use  and  preservation  of  the  completed  project  or  parts  thereof.  S 

22.  Building    cost. — Debit    this    account    with    the     gross  ^ 
charges  for  building;  credit  it  with  the  transfer  of  manufactured 
products  to  the  inventory  accounts  and  with  the  transfer  to  the 
proper  inventory  accounts  of  previously  requisitioned  articles;  and 
debit  or  credit  it  with  the  amounts  necessary  to  close  the  accounts  of 
incidental    operating    features    into    the    proper    cost   adjustment 
accounts  under  Class  VIII. 

23.  Operation   and  maintenance   cost. — Debit   this   accountf^ 
with  the  gr<3ss  charges  for  operation  and  maintenance ;  credit  it  with 
the  transfer  to  proper  inventory  accounts  of  previously  requisitioned 
articles  and  debit  or  credit  it  with  the  amounts  necessary  to  close 
the  accounts  of  incidental  operating  features  into  the  proper  cost 
adjustment  under  Class  VIII. 

Note  i. — It  is  intended  that  the  two  cost  ledger  accounts, 
23  and  24  shall  be  carried  in  the  same  subsidiary  book;  but 


14  RECLAMATION    SERVICE    MANUAL. 

the  leaves  for  the  accounts  in  each  shall  be  grouped  as  though 
they  were  actually  two  volumes.  The  terms  "building"  and 
"operation  and  maintenance,"  are  here  used  in  their  broad 
senses  and  not  with  their  restrictive  applications. 

The  building  cost  ledger  should  include  all  features  of  an 
incidental  or  subsidiary  character  that  indirectly  share  in  the 
construction  of  the  projects  as  well  as  those  that  directly 
contribute  to  that  end.  Not  only  the  original  building  cost 
of  these  features  but  their  operation  costs  as  well  should  be 
charged  to  building  cost.  Account  23  should,  however, 
include  the  cost  of  operating  partial  or  incomplete  irrigation 
systems  that  make  up  units  on  which  no  further  work  is 
needed  before  their  incorporation  as  completed  parts  of 
finished  project. 

Class  V.     Repayment  Accounts. 

The  six  following  accounts  are  provided  to  show  the  amount  of 
water-right  charges  (whether  collected  or  uncollected),  for  build- 
ing and  operation  and  maintenance.  They  should  be  kept  separ- 
ately by  calendar  years,  in  the  general  ledger  but  reported  on  the 
project  monthly  balance  sheet  in  one  total. 

24.  Building  charges. — Credit   this   account   with   the   total 
amount  of  accrued  building  charges  and  debit  it  with  nothing  except 
entries  necessary  to  correct  bookkeeping  errors,  or  adjustments  to 
other  repayment  accounts. 

25.  Operation    and  maintenance  charges. — Credit   this   ac- 
count with  the  total  amount  of  accrued  operation  and  maintenance 
charges,  and  debit  it  with  nothing  except  entries  necessary  to  cor- 
rect   bookkeeping    errors,    or    adjustments    to    other    repayment 
accounts. 

26.  Building    charges,  forfeited. — Credit  this  account  with 
the  total  amount  of  all  forfeitures  of  building  charges  and  debit  it 
with  nothing  except  entries  necessary  to  correct  bookkeeping  errors. 

27.  Operation  and  maintenance  charges,  forfeited. — Credit 
this  account  with  the  total  amount  of  all  forfeitures  of  operation  and 
maintenance  charges  and  debit  it  with  nothing  except  entries  neces- 
sary to  correct  bookkeeping  errors. 

?.  Advance  collections,  water-right  building  charges.— 
Credit  this  account  with  collections  of  water-right  building  charges 
received  in  advance  of  their  accrual  from  water-right  applicants 
and  debit  it  with  such  building  charges  as  they  accrue.  The  balance, 


ACCOUNTS,    CLASSIFICATION    OF.  15 

if  any,  will  be  a  credit  balance  and  will  represent,  not  a  current 
liability,  but  the  amount  by  which  anticipated  future  assets  for 
annual  instalments  of  such  building  charges  will  be  reduced.  (See 
Note  after  the  next  account) 

29.  Advance  collections,  water-right  operation  and  mainte- 
nance charges. — Credit  this  account  with  collections  of  water- 
right  operation  and  maintenance  charges  received  in  advance  of  their 
accrual  from  water-right  applicants,  and  debit  it  with  such  operation 
and  maintenance  charges  as  they  accrue.  The  balance,  if  any.  will 
be  a  credit  balance  and  will  represent,  not  a  current  liability,  but  the 
amount  by  which  anticipated  future  assets  for  annual  instalments 
of  such  operation  and  maintenance  charges  will  be  reduced. 

Note. — The  two  preceding  accounts  provide  for  .segre- 
gating all  water  users'  credit  balances  for  advance  collections 
instead  of  combining  them  with  debit  balances  in  order  that 
accounts  19  and  20  will  show  the  exact  amounts  of  building 
and  operation  and  maintenance  charges  accrued  and  uncol- 
lected. 

Class  VI.     Revenue  Accounts. 

Revenue  accounts  are  designed  to  cover  revenues  accruing  from 
the  operation  of  individual  portions  of  the  projects,  (a)  during  the 
building  period,  and  (b)  during  the  operation  period.  It  is  sug- 
gested that  the  names  adopted  for  the  revenue  accounts  shall  be 
similar  to  those  appearing  in  the  cost  ledger  so  that  it  may  be 
possible  to  contrast  readily  revenues  and  costs. 

30-37.  Building  revenues. — Credit  these  accounts  with  ac- 
crued amounts  due  to  the  United  States  for  services  furnished  by 
the  several  features  on  the  project  connected  with  its  building, 
whether  such  revenues  have  been  collected  or  are  carried  as  assets  in 
accounts  receivable,  and  debit  them  with  nothing  except  entries  nec- 
essary to  correct  bookkeeping  errors  or  refunds  on  account  of 
erroneous  collections.  The  accounts  for  building  revenues  are :  30, 
Rentals  of  buildings;  31,  Rentals  of  grazing  and  farming  lands;  32, 
Contractors'  freight  refunds ;  33,  Forfeitures  by  defaulting  bidders 
and  contractors;  34,  Rentals  of  power  and  light;  35,  Rentals  of  irri- 
gating water;  36,  Rentals  and  tolls  telephone  lines; '37,  Revenues 
miscellaneous. 

38-41.  Operation  and  maintenance  revenues. — Credit  these 


16  RECLAMATION    SERVICE    MANUAL. 

accounts  with  accrued  amounts  due  to  the  United  States  for  services 
furnished  by  the  several  features  on  the  project  connected  with  its 
operation  and  maintenance,  whether  such  revenues  have  been  col- 
lected or  are  carried  as  assets  in  accounts  receivable,  and  debit  them 
with  nothing  except  entries  necessary  to  correct  bookkeeping  errors 
or  refunds  on  account  of  erroneous  collections.  The  accounts  for 
operation  and  maintenance  revenues  are :  38,  Rentals  of  lands  and 
buildings;  39,  Rentals  of  power  and  light;  40,  Rentals  of  irrigating 
water;  41,  Revenues  miscellaneous. 

Class  VII.     Inventory  Accounts. 

Inventory  accounts  provide  for  the  book  value  at  cost  of  all 
article^  owned  by  the  project  and  not  utilized  in  the  building  of 
irrigation  works.  Accounts  42  to  56  inclusive  are  provided  for 
special  inventories  for  certain  classes  of  materials  and  supplies  of 
which  large  quantities  are  required.  All  of  these  accounts  may  be 
further  subdivided  for  project  use.  The  storehouse  inventory  is 
intended  to  cover  all  articles  not  carried  in  the  other  inventory 
accounts  listed.  Debit  the  respective  accounts  with  the  amounts 
of  unpaid  invoices  carried  to  the  liability  account,  "Unpaid  pur- 
chases" and  credit  them  monthly  with  the  total  amounts  of  issues, 
sales  and  shipments  to  other  projects,  and  debit  or  credit  them 
with  the  amounts  necessary  to  bring  the  book  values  into  agreement 
with  the  actual  physical  inventories  when  these  are  taken.  The 
balances  will  be  debit  balances,  and  will  represent  the  assets  for 
supplies  and  materials  on  hand.  In  addition  to  the  foregoing 
general  rules,  the  following  special  rules  are  provided: 

42.  Mercantile  stores. — Debit  this  account  with  stock  pur- 
chased and  credit  it  with  sales,  whether  paid  for  by  cash,  coupon  or 
deductions  on  pay-rolls.  Physical  inventories  of  stocks  in  mercan- 
tile stores  should  be  taken  at  least  quarterly  and  at  such  times  this 
account  should  be  debited  or  credited  with  the  amounts  necessary  to 
bring  the  book  value  into  agreement  with  the  physical  inventory, 
with  contra  credits  or  debits  to  "Mercantile  store  net  results." 
(See  MERCANTILE  STORES.) 

44.  Equipment  in  use. — Debit  this  account  with  the  value  of 
all  equipment  received  and  credit  it  with  the  realized  value  of  all 
equipment  sold,  exchanged  or  transferred  to  other  projects  and  with 
actual  depreciation  when  known. 


ACCOUNTS,    CLASSIFICATION    OF.  17 

52.  Cash  on  hand. — Debit  this  account  with  the  amount  of  all 
moneys  received  at  the  project  not  in  the  official  possession  of  the 
special  fiscal  agent  and  credit  it  with  all  amounts  turned  over  to  the 
special  fiscal  agent  on  collection  vouchers.     The  balance,  if  any, 
will  be  a  debit  balance  and  will  represent  cash  on  hand  not  officially 
in  the  hands  of  a  special  fiscal  agent. 

Note. — Cash  in  the  mercantile  store  should  be  carried  into 
this  account  periodically  and  at  least  once  each  month  should 
be  turned  over  to  the  special  fiscal  agent  and  covered  by  a 
collection  voucher.  Other  cash  receipts  should  be  handled 
in  a  similar  manner.  An  effort  should  be  made  to  carry  as 
little  cash  in  this  account  as  possible,  the  funds  being  turned 
over  to  the  special  fiscal  agent  promptly. 

53.  Products  of  local  operations. — Debit  this  account    with 
the  cost  of  all  local  products  on  hand  at  the  end  of  the  month  and 
credit  it  with  the  value  of  such  products  used  in  the  work. 

Note. — All  local  incidental  operations  may  be  grouped 
in  two  classes  :  First,  those  that  manufacture  their  products 
in  large  quantities  not  wholly  or  principally  for  immediate 
use,  for  which  special  inventory  accounts  should  be  provided ; 
and  second,  those  minor  operations  that  are  incidental  to  a 
few  features  and  whose  products  are  principally  consumed 
therein  immediately  after  manufacture,  for  which  no  inven- 
tory accounts  are  necessary  or  desirable.  Between  the  two 
classes,  but  more  nearly  like  the  latter,  are  certain  operations 
that  may  at  times  produce  considerable  quantities  of  manu- 
factured articles  not  immediately  used  in  the  features  to 
which  they  are  contributing.  In  these  cases  to  carry  the 
costs  of  operations  into  the  features  for  which  the  products 
are  designed  would  unduly  load  the  feature  accounts,  and 
improperly  affect  their  unit  costs.  Account  53  provides  for 
these  occasional  large  and  important  inventories.  Care 
should  be  taken  to  see  that  all  articles  charged  to  the  inven- 
tory account  are  again  credited  to  it  when  they  are  applied 
to  the  features  for  which  they  were  produced. 

54.  Goods  in  transit. — Debit  this  account  with  the  amount  of 
all  articles  purchased,  on  receipt  of  invoices  or  notice  of  shipment, 
while  in  transit.     Credit  it  when  the  articles  are  actually  received. 
The  balance,  if  any,  will  be  a  debit  balance  and  will  represent  the 
value  of  goods  in  transit. 


18  RECLAMATION    SERVICE    MANUAL. 

55.  Transfer  adjustment  account.— Debit  or  credit  this  ac- 
count with  the  tentative  transfer  value  of  all  property  shipped  to  or 
received  from  other  projects  pending  agreement  between  the  proj- 
ects as  to  the  final  transfer  prices ;  and  reverse  the  foregoing  entries 
when  the  final  transfer  prices  have  been  agreed  on  and  transfer 
vouchers    have   been  duly   prepared    at   the    issuing   project    and 
approved  by  the  receiving  project.    The  first  entry  to  be  made  on 
the  project  issuing  the  transfer  voucher  is  a  debit  to  "transfer 
adjustment"  and  credit  to  the  inventory  account  from  which  the 
property  is  transferred.    When  an  agreement  as  to  value  is  reached 
the  account  "Transfer  vouchers  issued"  should  be  debited  with  the 
agreed  transfer  value;  and  the  transfer  adjustment  account  credited 
with  the  amount  previously  charged  therein  with  proper  adjust- 
ment in  the  inventory  account  to  care  for  any  change  in  value  as 
finally  agreed  upon.   On  the  project  receiving  the  transfer  voucher 
the  entries  should  be  as  follows : 

(a).  If  the  price  and  quantity  are  satisfactory,  the  entry  should 
be  a  debit  to  the  inventory  account  and  a  credit  to  "Transfer  vouch- 
ers received." 

(b).  If  the  price  and  quantity  are  unsatisfactory,  the  entries 
should  be  a  debit  to  the  inventory  account  and  a  credit  to  the  trans- 
fer adjustment  account  of  the  amount  shown  on  the  transfer 
voucher  as  prepared  by  the  issuing  office,  the  entries  to  inventory 
account  and  "Transfer  vouchers  received"  being  made  after  an 
agreement  as  to  value  reached. 

Note. — The  project  issuing  equipment  or  other  property 
for  transfer  to  another  project  should  prepare  three  copies 
of  the  transfer  voucher,  describing  the  articles  and  showing 
the  values  and  transmit  them  to  the  project  receiving  the 
equipment  or  property.  If  the  prices,  quantities,  etc.,  are 
satisfactory,  the  project  engineer  on  the  receiving  project 
should  sign  the  transfer  vouchers  and  return  two  copies  to 
the  issuing  project  and  keep  one  for  his  records.  On  receipt 
of  the  two  copies  at  the  transferring  project  office,  the 
necessary  bookkeeping  entries  should  be  made  and  one  copy 
retained  as  a  credit  voucher  and  the  other  sent  to  the  office 
of  the  Director. 

56.  Freight   and   handling.— Debit    this    account    with    the 
freight  on  all  articles  for  which  the  freight  is  not  carried  direct  to 
the  inventory  account  therefor,  the  services  of  storehouse  clerk?  and 


ACCOUNTS,    CLASSIFICATION    OP.  19 

assistants,  and  other  expenses  connected  with  the  storehouse;  and 
credit  it  with  the  percentage  loadings  that  are  placed  on  the  prices 
at  which  the  articles  are  issued  from  the  various  inventory  accounts. 

Note. — This  account  should  not  be  used  as  a  convenient 
account  through  which  to  charge  all  freight,  but  should  be 
confined  to  the  freight  and  handling  of  miscellaneous  sup- 
plies and  materials.  Freight  and  handling  expenses  in  con- 
nection with  the  shipments  of  cement,  coal,  lumber,  large 
consignments  of  machinery,  etc.,  should  be  added  directly 
to  the  invoice  costs  thereof  to  obtain  the  true  costs. 

57.  Estimated  equipment  depreciation  account. — Credit  this 
account    monthly    with    an    amount    representing    the    estimated 
depreciation  on  equipment  in  use.     When  the  actual  depreciation 
has  been  determined  either  by  condemnation,  sale  or  transfer  of  the 
equipment  this  account  should  be  debited  with  an  amount  equal  to 
the  amounts  previously  credited  to  it  as  estimated  depreciation  and 
adjusting  entries  made  to  reduce  the  inventory  account  by  a  sum 
equal  to  the  book  value  of  the  equipment  condemned,   sold  or 
transferred. 

"*•-:' 

Class  VIII.     Cost  Ledger  Adjustment  Accounts. 

From  time  to  time  there  may  be  items  that  it  will  be  impracticable 
to  place  at  once  in  their  proper  cost  ledger  accounts.  Such  items 
may  be  carried  temporarily  in  Class  VIII  accounts  but  should  event- 
ually be  closed  into  the  cost  ledger  accounts,  either  directly  or  by 
prorating. 

58.  Services  of  Government  animals. — Credit   this   account 
with  the  value  of  services  of  animals  owned  by  the  Government  at 
current  prices  for  hire  for  similar  work  in  the  locality  and  with  the 
amount  received  in  excess  of  the  cost  price  when  disposing  of  ani- 
mals.   Debit  it  with  the  cost  of  feeding  and  caring  for  animals,  as 
shown  by  the  corral  accounts  in  the  cost  ledger,  cost  of  pasturing, 
the  loss  resulting  from  the  death  of  animals,  and  difference  between 
purchase  and  sale  price  of  animals  condemned  and  sold  when  that 
difference  represents  a  loss.     It  should  also  be  either  debited  or 
credited  to  correct  bookkeeping  errors.    When  the  project  is  com- 
pleted, adjusting  entries  should  be  made  to  reduce  the  inventory  < 
value  of  Government  animals  to  agree  with  the  actual  value,  as 
determined  by  sale,  transfer  or  revaluing  animals  on  hand.     Any 


2Q  RECLAMATION    SERVICE    MANUAL. 

balance  remaining  will  be  a  credit  to  the  cost  of  the  project,  either 
to  be  applied  to  feature  originally  charged  with  the  services  of  the 
animals  or  as  a  reduction  of  the  cost  of  the  project  as  a  whole. 

59.  Reserve  for  replacement  of  structures.— Credit  this  ac- 
count annually  with  an  amount  estimated  sufficient  to  accumulate  a 
reserve  for  the  replacement  of  expendible  structures  as  wooden 
turnouts,  flumes,  etc.,  and  to  create  a  reasonable  reserve  to  repair 
unusual  damages  not  comprehended  by  the  usual  expenditures  for 
operation  and  maintenance.     Debit  this  account  with  all  expendi- 
tures made  for  replacements  of  structures  and  repairs  of  damages 
on  account  of  which  the  reserve  was  originally  established.     The 
balance  may  be  a  credit  or  a  debit  balance  and  will  represent  the 

^reserve  for  repairs  if  a  credit,  and  if  a  debit  balance  it  will  represent 
^~Vhe  amount  of  excess  of  actual  costs  of  replacements  and  repairs 
over    estimated  cost.     See    also    RESERVE  EOR  REPLACEMENT    OE 
STRUCTURES. 

60.  Mess  house  net  results.— Credit  or  debit  this    account 
each  month  with  the  net  gain  or  loss,  respectively,  in  the  operation  of 
mess  houses.     The  account  may  be  subdivided  to  show  results  at 
each  mess  house  but  the  total  balance  should  be  reported  as  one 
item. 

1  61.  Mercantile  store  net  results. — Credit  or  debit  this  account 
with  the  net  gain  or  loss  in  mercantile  stores,  respectively.  This 
account  may  be  subdivided  to  show  results  at  each  store  but  the  total 
balance  should  be  reported  in  one  item. 

62.  Hospitals  net  results. — Debit  this  account  with  all  pay- 
ments on  account  of  physicians'  and  nurses'  services,  medicines,  and 
meals  furnished  patients;  and  credit  it  with  deductions  from  earn- 
ings of  employees  and  cash  collections  for  hospital  fees. 

Note. — In  some  cases  contracts  are  let,  whereby  the  physi- 
cian agrees  to  furnish  all  hospital  attendance,  etc.,  and  in 
such  cases  the  physician's  earnings  should  be  carried  under 
the  caption  "Unpaid  miscellaneous"  and  if  there  is  a  profit 
on  account  of  not  paying  the  physician  the  total  amount  of 
deductions,  the  profits  accruing,  should  be  carried  to  the 
Hospital  account. 

General  note. — Each  of  Classes  I,  IV,  V  and  VI  of  the 
above  prescribed  accounts  are  planned  to  receive  but  one 
class  of  entries,  debit  or  credit,  and  the  opposite  side  of  the 
account  to  receive  entries  only  to  correct  bookkeeping  errors 
previously  made,  or  to  change  previous  entries  that  would 


ACKNOWLEDGMENTS.  21 

be  erroneous  without  correction,  e.  g.,  to  reduce  a  previous 
correct,  charge  for  materials  delivered  to  a  feature  when 
these  materials  are  returned  to  inventory  account  without 
ever  having  become  a  part  of  the  feature. 

ACCRUALS  TO  BE  ENTERED  ON  BOOKS. 

As  soon  as  items  accrue  or  become  due  to  the  Government  they 
should  be  written  into  the  books  as  accounts  receivable  whether 
.they  are  collected  or  not.  If  this  practice  is  followed  the  true  re- 
sources of  the  Service  can  be  determined  by  an  examination  of  the 
books  or  reports  made  from  them.  (See  also  ACCOUNTS,  CLASSI- 
FICATION OF.) 

ACKNOWLEDGMENTS. 

1.  Expiration  of  notary's  commission  to  be  given. — When- 
ever   papers  of    any  nature  requiring    acknowledgment    before    a 
notary  public  are  executed  by  any  engineer  or  other  representative 
of    the    Service    preparatory    to    transmittal    to    the    Department 
through  the  Director's  office,  such  representative  shall  require  that 
the  notary  indicate  in  the  usual  form  the  date  upon  which  his  com- 
mission expires.     If  papers  executed   by  other  parties   are   for- 
warded to  a  representative  of  the  Service  in  the  field,  and  the  at- 
testing notary  has  failed  to  include  this  item  in  his  jurat  the  papers 
will  be  returned  to  the  party  who  executed  them  for  the  correction 
of  the  defect  before  the  case  is  forwarded  to  the  Director's  office. 
This  requirement  of  the  Department  extends  to  all  cases  of  what- 
soever nature,  regardless  of  local  custom  in  the  matter  of  the  in- 
clusion or  omission  of  the  item  referred  to  in  the  preparation  of 
jurats  by  notaries  public. 

2,  Proof  of  execution  other  than  by  acknowledgment. — The 
laws  of  a  number  of  the  States  provide  that  instruments  otherwise 
entitled  to  record  may  be  admitted  to  record  after  being  proved  by 
the  oath  of  a  subscribing  witness  before  a  notary  public,  or  other 
officer  authorized  to  administer  oaths.     Where  the  grantors  or  con- 
tractors reside  some  distance  from  a  notary  public,  some  person 
present  who  may  be  an  employee  of  the  Service,  but  not  the  officer 
who  executes  the  contract  on  behalf  of  the  United  States,  may 
subscribe  as  a  witness  to  the  instrument,  and  upon  his  next  visit 
to  a  notary  public,  or  other  duly  qualified  officer,  execute  the  proof, 


22  RECLAMATION    SERVICE    MANUAL. 

so  as  to  entitle  the  instrument  to  record.  Examiners  and  assistant 
examiners  should  inform  themselves  as  to  the  statutes  upon  this 
point  in  their  respective  districts,  but  this  method  should  not  be  re- 
sorted to  if  it  is  practicable  to  have  the  instrument  acknowledged 
in  the  regular  manner. 

ADVERTISEMENTS  AND  BIDS. 

Abstracts  of  proposals,  to  be  sent  to  certain  newspapers,  par.  17. 

Advertisement  not  required,  when,  par.  2. 

Advertising  by  circulars  and  posting  notices,  par.  4. 

Advertising  by  newspapers  and  periodicals,  par.  5. 

Advertising,  requirements  for,  nature  of,  par.  3. 

Bidders,  transporting  to  work,  par.  20. 

Board  report  on  bids,  par.  15. 

Certified  checks,  par.  21. 

Certified  checks,  not  endorsed  and  deposited,  par.  22. 

Financial  standing  of  bidders  and  sureties,  par.  16. 

Government  Advertiser,  advertising  in,  par.  6. 

Law,  advertisement  required  by,  par.  1. 

Proposals  made  part  of  contract,  par.  14. 

Proposals,  opening  of,  par.  13. 

References,  important,  par.  23. 

Specifications,  expenditures  under  to  be  authorized,  par.  9. 

Specifications,  modifications  in,  par.  19. 

Specifications  prepared  in  field,  par.  18. 

Specifications,  standard  forms  to  be  followed,  par.  11. 

Specifications,  transmitting  to  Director,  par.  10. 

Specifications,  when  not  to  be  submitted  to  Director,  par.  8. 

Specifications,  when  to  be  submitted  to  Director,  par.  7. 

Specifications  after  default  on  contract,  par.  12. 

(See  also  NEWSPAPER  ADVERTISING;  EMERGENCY  QUOTATION.) 

1.  Advertisement  required  by  law. — Section   3709,    R.   $., 
which  requires  advertising  before  purchasing  or  contracting  for 
government  supplies  or  services,  except  personal  services,  will  be 
found  printed  in  this  volume,  p.  523. 

2.  Advertisement  not  required,  when. — The  following  con- 
tracts are  not  within  this  section:  (a)  contracts  solely  for  personal 


ADVERTISEMENTS  AND  BIDS.  23 

services  (see  6  Comp.,  314)  ;  (b)  when  the  articles  wanted  (see 
PURCHASING,  PAR.  3)  are  patented  or  copyrighted  and  not  on  sale 
by  dealers  but  by  the  owners  of  the  patent  or  copyright  or  their 
agents  or  assigns  alone,  at  a  fixed  and  uniform  price  (see  2  Comp.. 
Dec.,  632)  ;  (c)  when  there  is  only  one  dealer  within  a  practicable 
distance  from  whom  the  articles  can  be  obtained;  (d)  when  the 
prices  or  rates  are  fixed  by  legislation  either  Federal,  State  or  mu- 
nicipal or  by  competent  regulation;  (e)  when  under  a  formal  con- 
tract for  construction  there  arises  a  necessity  for  additional  work 
practicable  of  performance  only  by  the  contractor,  or  (f)  when 
previous  advertising '  for  the  identical  purchase  has  been  followed 
by  the  receipt  of  no  proposals  or  only  such  as  were  unreasonable^ 
and  under  circumstances  demonstrating  that  further  advertising 
would  not  alter  results;  (g)  in  cases  of  leases  to  the  United  States 
of  certain  described  premises;  (h)  when  immediate  delivery  of  the 
articles  or  performance  of  the  service  is  required  by  a  public 
exigency  existing  prior  to  the  purchase  or  contract.  Thus,  the  only 
latitude  left  for  exercise  of  discretion  is  in  the  determination  of 
public  exigencies.  There  is  an  exigency  when  a  pressing  necessity 
arises,  which  is  urgent  and  requires  immediate  action,  and  where 
there  is  not  time  to  solicit  and  receive  competitive  bids.  It  cannot 
continue  for  a  period  longer  than  may  be  necessary  to  enter  into  a 
contract  or  for  the  securing  of  competition  (3  Comp.,  315) ;  neither 
can  a  purchase  be  made  under  the  exigency  provision,  based  upon 
the  small  amount  involved  in  the  transaction  (3  Comp.,  315,  5  id., 
64.)  The  employment  of  Indians  and  the  hiring  of  their  property 
and  purchase  from  them,  in  connection  with  the  construction  of 
any  irrigation  project  under  this  Service  are  exempt  from  the  pro- 
visions of  Sections  3709  and  3744,  Revised  Statutes  (34  Stat, 
1015.)  There  are  also  certain  classes  of  constantly  recurring  ex- 
penses, such  as  the  purchase  and  rental  of  real  property,  reim- 
bursement of  personal  traveling  expenses,  insertions  of  advertise- 
ments in  newspapers,  transportation  at  published  rates,  which  have 
never  been  held  to  be  within  the  scope  of  the  statute.  Whenever 
competition  is  waived  a  full  showing  of  the  reasons  therefor  must 
be  made  by  the  officer  executing  the  contract  or  making  the  pur- 
chase in  a  certificate,  stating  the  reasons,  as  nearly  as  practicable, 
in  the  language  of  one  of  the  exceptions  noted  herein  with  full 
statement  of  the  reasons  why  such  exception  is  applicable  to  the 


24:  RECLAMATION    SERVICE    MANUAL. 

case.  The  certificate  should  be  attached  to  the  Director's  copy  of 
the  contract,  or  transmitted  as  a  separate  paper  with  the  original 
voucher.  Special  fiscal  agents  will  be  held  responsible  for  pay- 
ments made  by  them  where  contracts  or  purchases  do  not  comply 
with  the  above  requirements  (see  SPECIAL  FISCAL  AGENTS,  PAR. 
14.)  In  case  of  doubt  the  special  fiscal  agent  should  refer  the 
matter  to  the  examiner  whose  opinion  bearing  the  approval  or  dis- 
approval of  the  supervising  engineer  should  accompany  the  voucher 
if  paid  or  the  claim  if  unpaid.  The  Auditor  may,  however,  call 
for  further  evidence.  The  Transportation  Agent  at  Chicago  will 
also  be  governed  by  the  above  instructions,  and  should  refer  doubt- 
datpt  ful  cases  to  the  office  forwarding  the  order  for  similar  action. 

"*3.  Advertising,  requirements  for,  nature  of. — While  Section 
3709,  R.  S-,  requires  that  all  contracts  other  than  those  exempted 
thereby  shall  be  made  by  "advertising,"  it  has  been  held  in  prac- 
tice that  the  word  "advertising"  is  not  used  in  such  sense  as  to  limit 
the  advertising  to  the  public  press.  The  purpose  of  the  statute  is 
to  insure  complete  publicity  and  the  fullest  possible  competition. 
If  such  publicity  and  competition  can  be  secured  without  newspaper 
advertising  by  resorting  to  the  use  of  circular  advertising  upon  the 
forms  that  have  been  prepared  for  the  purpose,  the  requirements  of 
the  statute  will  be  satisfied.  Where  advertisement  is  made  by  cir- 
culars, the  requests  for  proposals  should  be  sent  direct  to  all  avail- 
able dealers,  and  similar  requests  should  be  conspicuously  posted 
in  public  places,  among  which  should  be  a  bulletin  board  in  some 
conspicuous  place  open  to  the  public,  at  the  engineer's  headquarters. 
Where  advertisement  is  made  by  posting  and  mailing  circulars, 
effort  should  be  had  to  bring  the  advertisement  to  the  attention  of 
at  least  two  interested  persons.  Where  only  one  person  is  known 
to  be  interested  advertisement  should  be  had  by  posting  of  notices, 
omitting  unsolicited  mailing  of  proposals.  Abstracts  of  bids  show- 
ing that  proposals  were  mailed  to  only  one  person  are  likely  to 
lead  to  a  suspicion  of  favoritism.  In  requesting  proposals  for 
large  construction  contracts,  and  for  the  purchase  of  material  and 
machinery,  where  broad  competition  is  possible,  it  is  the  unvarying 
practice  to  advertise  for  proposals  in  the  public  press,  such  adver- 
tisement being  inserted  in  leading  technical  periodicals  and  news- 
papers circulating  in  the  vicinity  of  the  contemplated  operations. 
4.  Advertising  by  circular  letters  and  posting  notices. — On 


ADVERTISEMENTS   AND   BIDS.  25 

receipt  at  the  project  office  of  a  "Request  for  Purchase,"  which 
should  be  numbered  consecutively  in  order  to  be  readily  referred  to, 
advertisements  on  Form  7-704,  7-705,  7-706,  7-707,  should  be  sent 
to  the  parties  who  are  expected  to  compete  for  the  business.  A  copy 
should  be  sent  to  postmasters  and  others  who  may  be  asked  to  give 
publicity  to  the  advertisement,  using  Form  7-709.  The  Request  for 
Purchase  (R.  P.  No.)  number  should  be  inserted  in  the  order  when 
it  is  given  and  copies  of  the  order  should  be  kept  in  the  purchasing 
office  and  supplied  to  the  storehouse  clerk  and  forwarding  agent. 
To  the  copy  of  the  advertisement  kept  in  the  purchasing  office, 
should  be  attached  the  purchasing  agent's  card,  Form  7-714,  show- 
ing the  number  of  the  request  for  purchase,  names  of  parties  to 
whom  the  advertisement  was  sent,  where  it  was  posted,  the  date 
on  which  proposals  are  to  be  opened,  etc.  These  cards  should  later 
be  filed  alphabetically. 

5.  Advertising  by  newspapers  and  periodicals. — When  it  is 
convenient  and  desirable  to  advertise  in  newspapers  and  periodicals, 
and  when  authorized  by  the  Director,  order  for  advertising,  Form 
7-446,  should  be  made  out  and  mailed  to  the  publications  in  which 
the  advertisement  is  to  appear.    This  order  for  advertising  should  be 
accompanied  by  a  blank  form,  "Schedule  of  Rates,"  Form  7-447, 
upon  which  the  publication  will  enter  its  usual  rates  for  advertising, 
and  a  voucher,  Form  7-448,  with  memorandum  copies,  Form  7-449. 
Upon  completing  the  publication  of  the  advertisement  the  publishers 
of  the  newspaper  or  periodical  will  make  their  claim  for  the  service 
on  the  voucher,  making  two  memorandum  copies  by  the  use  of  car- 
bon process,  attach  the  order  for  advertising,  and  submit  copies  of 
each  of  the  issues  of  the  publication  in  which  the  advertisement  ap- 
peared, sending  same  to  the  Director.    If  they  have  not  theretofore 
filed  in  the  office  of  the  Secretary  of  the  Interior  a  sworn  statement 
of  their  rates  they  will  accompany  the  vouchers  with  a  Schedule  of 
Rates  properly  executed.  These  documents  will  be  forwarded  to  the 
Director's  office  and  record  made  of  their  receipt,  the  carbon  copies 
of  the  vouchers  being  detached.     The  original  voucher,  Schedule 
of  Rates,  and  the  order  for  advertising  will  be  transmitted  to  the 
Secretary  for  examination  and  approval.     When  approved  it  will 
be  returned  to  the  Director  for  payment. 

6.  "Government  Advertiser,"  advertising  in. — When  adver- 
tisements and  specifications  are  issued  from  field  offices  for  construc- 
tion work,  equipment,  machinery  or  materials,  a  copy  of  such  ad- 


26  RECLAMATION    SERVICE    MANUAL. 

vertisement  should  be  forwarded  to  the  "Government  Advertiser," 
Bond  Building,  Washington,  D.  C.,  where  the  advertisement  will 
be  published  free  of  charge.  If  an  emergency  exists,  the  purchase 
need  not  be  delayed  until  the  advertisement  published  in  the  "Gov- 
ernment Advertiser"  will  reach  prospective  bidders,  but  copy  of 
the  advertisement  should  nevertheless  be  sent  to  the  "Government 
Advertiser,"  as  a  matter  of  information.  (SEE  ALSO  NEWSPAPER 
ADVERTISING.) 

7.  Specifications,  when  to  be  submitted  to  Director. — In  or- 
der to  insure  uniformity,  all  specifications  for  construction  work,  or 
for   furnishing  engineering  equipment   and   machinery,    the   esti- 
mated value  of  which  in  either  case  exceeds  ten  thousand  dollars, 
and  also  all  specifications  which  involve  special  features  differing 
from  standards  in  use  shall  be  submitted  to  the  Director  for  ap- 
proval and  authority  before  being  issued.     All  specifications  sub- 
mitted to  the  Director  for  advance  approval  should  be  accompanied 
by  an  itemized  statement  of  the  cost  of  the  work  involved. 

8.  Specifications,  when  not  to  be  submitted  to  Director. — 
Specifications  for  contracts,  the  value  of  which  does  not  exceed  the 
amount  stated,  and  which  do  not  involve  special  features  differing 
from  the  standards  in  use,  may,  when  advisable  or  expedient,  be 
issued  by  field  officers.     When  so  issued,  the  advertisement  should, 
in  every  case,  be  signed  by  the  person  issuing  the  specifications,  and 
a  copy  should  be  immediately  forwarded  to  the  Director.     When 
recommendation  is  made  for  award  of  contract  to  be  executed 
by  the  Director  under  specifications  issued  in  the  field  such  recom- 
mendation should  be  accompanied  by  eight  copies  of  the  specifica- 
tions for  each  contract  to  be  awarded. 

9.  Specifications,  expenditures  under  to  be  authorized. — It 
is  necessary,  before  issuing  specifications,  that  the  expenditure  in- 
volved therein  be  authorized,  either  in  the  quarterly  estimate  or  by 
special  authority  previously  obtained. 

10.  Specifications,  transmitting  to  Director. — In  transmitting 
drafts  of  specifications  to  the  Director,  a  detailed  estimate  of  the 
cost  should  be  submitted,  and  a  recommendation  should  be  made 
whether  the  specifications  are  to  be  issued  from  the  field  office  or 
from  Washington,  and  also  whether  or  not  newspaper  or  technical 
journal  advertising  is  desired,  together  with  the  names  of  the  news- 
papers or  periodicals  in  which  such  advertisements  should  appear. 
Advertisements  are  printed  free  in  the  Government  Advertiser, 


ADVERTISEMENTS   AND   BIDS.  27 

and  in  the  consular  and  trade  reports  of  the  Bureau  of  Manufac- 
tures of  the  Department  of  Commerce.      (See  paragraph  3.) 

11.  Specifications,  standard  forms  to  be  followed. — In  the 
preparation  of  specifications  the  two  circulars,  (a)  "Notes  on  Pre- 
paring  Specifications";   and    (b)    "Standard   Specification    Para- 
graphs," should  be  consulted  and  carefully  followed  and  the  stand- 
ard forms  there  given  should  be  used  wherever  applicable.     Speci- 
fications should  be  drawn  in  accordance  with  the  latest  available 
set  of  printed  specifications,  advertisement,  notice  to  bidders,  and 
proposals  issued   from  the  Director's  office,  as  these  have  been 
conformed  to  meet  Departmental  rulings  and  other  requirements. 

12.  Specifications  after  default  on  contract. — In  advertising 
for  bids  on  the  work  or  any  part  thereof  taken  over  by  the  United 
States  under  a  defaulted  contract,  the  specifications  therefor  should 
not  deviate  from  the  specifications  of  the  original  contract.     The 
original  contractor  and  his  bondsmen  are  liable  for  the  extra  cost 
of  the  work  only  when  the  work  is  performed  as  provided  in  origi- 
nal contract. 

13.  Proposals,    opening   of. — Proposals   for   important   con- 
struction work  or  materials  are  opened  and  considered  by  a  board  of 
engineers  convened  by  the  Director  or  the  supervising  engineer  for 
the  purpose.     Proposals  for  work  or  materials  the  contract    for 
which   is   to   be   executed   by   an   officer   in   the    field   should   be 
opened  by  the  officer,  or  by  persons  designated  by  him.     Imme- 
diately on  opening  any  proposal  every  paper  therein  not  bearing 
marks  of  identification  should  be  so  marked  as  to  indicate  clearly 
the  proposal  to  which  it  pertains.     This  is  essential  to  avoid  the 
possibility  of  papers  becoming  confused  or  lost.     Any  proposal 
received  after  the  time  fixed  for  opening  proposals  should   be  re- 
turned to  the  bidder  unopened.     If,  however,  such  proposal  is  the 
only  one  received,  it  may  be  considered  as  an  informal  proposal. 
When  a  proposal  is  received  shortly  after  the  hour  for  opening,  and 
not  later  than  the  first  delivery  of  mail  on  the  following  day,  and 
when  the  postmarks  on  such  proposal  show  that  it  was  presumably 
in  the  postoffice  at  point  of  destination  on  the  day  and  at  the  hour 
of  opening,  such  proposal  may  be  opened,  and  considered  with 
other  proposals.     In  such  case  the  envelope  enclosing  the  delayed 
proposal  should  be  marked  to  show  the  date  and  time  of  delivery 
to  the  officer  opening  the  proposals  and  should  be  forwarded  to  the 


28 


RECLAMATION    SERVICE    MANUAL. 


Director  with  full  statement.  All  persons  responding  to  an  adver- 
tisement for  proposals  are  entitled  under  Sec.  3722  R.  S.,  to  be  pre: 
ent  in  person,  or  by  attorney  at  the  opening  of  the  bids,  and  must, 
therefore,  be  notified  of  the  time  and  place  of  such  opening, 
posals  withdrawn  in  the  manner  contemplated  by  the  specifications 
should  be  returned  unopened  to  the  bidder.  The  abstract  of  bids 
on  the  back  of  Form  7-524,  when  this  form  is  used,  should  be  com- 
pletely filled  out  and  signed  by  the  officer  or  other  authorized  per- 
son, and  should  show  the  names  of  all  persons  to  whom  requests 
for  proposals  were  sent,  the  places  where  such  requests  were  posted, 
a  list  of  all  bidders  and  their  bids,  and  when  the  lowest  bid  is  not 
accepted,  satisfactory  reason  therefor  should  be  given.  No  writ- 
ing other  than  necessary  marks  of  identification  should  be  placed 

•     on  proposals  or  papers  submitted  therewith.     Any  additional  mat- 
ter should  be  placed  on  separate  slips  and  attached  to  the  papers 

'    affected. 

14.  Proposals  made  part  of  contract.— If  in  preparing  a  con- 
tract for  execution  by  an  engineer  in  the  field,  the  proposal  of  the 
successful  bidder  is  made  a  part  of  the  contract,  copies  of  the  pro- 
posal should  be  used,  the  original  proposal  being  one  of  the  papers 
required  by  law  to  be  filed  in  the  Returns  Office.     (SEE  CONTRACTS, 

PARAGRAPH    13.) 

15.  Board  report  on  bids. — After  duly  considering  all  pro- 
posals for  important  work  or  materials,  received  at  the  time  and 
place  designated  in  the  advertisement,  the  Board  will  prepare  and 
submit  to  the  Director  a  report  thereon,  making  appropriate  specific 
recommendations  as  to  the  award  of  contract,  accompanying  the  re- 
port with  all  proposals  received,  and  an  abstract  in  duplicate  of  such 
proposals.     Abstracts  should,  so  far  as  practicable  show  the  pro- 
posals in  the  order  of  the  aggregate  amounts  quoted,  the  lowest 
first.     Alternative  recommendations  for  award  may  be  made,  the 
alternative  to  be  considered  in  case  the  principal  recommendation 
is  not  approved,  or  the  contractor  so  recommended  fails  to  execute 
satisfactory  contract  and  bond.     If  award  is  recommended  to  other 
than  the  lowest  bidder,  the  reasons  for  such  recommendation  should 
be  fully  stated.     The  Board  reports  should  be  submitted  in  dupli- 
cate and  should  show  that  the  proposals  were  opened  at  the  time 
and  place  specified  in  the  advertisement,  and  that  all  proposals  re- 
ceived are  transmitted  with  report.     All  certified  checks  and  other 


ADVERTISEMENTS   AND   BIDS.  29 

papers  pertaining  to  the  proposals  should  be  transmitted  therewith. 
When  boards  are  convened  for  the  purpose  of  considering  pro- 
posals, they  shall  carefully  review  every  question  of  a  technical  na- 
ture  that  may  arise  under  the  proposals,  and  their  report  shall  con- 
tain definite  recommendation  as  to  the  desired  action  upon  every 
such  point.  Comment  should  be  made  on  the  proposal  of  the 
bidder  to  whom  award  of  contract  is  recommended,  with  reference 
to  every  alternative  proposition  made  in  his  proposal,  or  in  papers 
accompanying  it,  and  with  reference  to  every  proposition  made  by 
him  in  modification  of  the  terms  of  the  specifications]  The  same 
action  is  expected  of  individual  officers  who  forward  proposals 
of  less  importance  than  those  that  are  referred  to  specifically  con-  c 
vened  boards.  Serious  complications  and  delays  may  often  be  ' 
avoided  by  attention  to  these  matters. 

16.  Financial  standing  of  bidders  and  sureties. — The  board 
should  incorporate  in  the  report  a  statement  of  the  financial  stand- 
ing and  responsibility  of  each  party  to  whom  it  is  recommended 
that  contract  be  awarded.     If  the  standing  of  any  such  party  is  not 
known,  the  name  should  be  telegraphed  to  the  Director  with  the 
statement   "standing  unknown."     Commercial   agencies   will   then 
be  consulted  so  that  the  standing  of  the  party  may  be  known  to  the 
Director  by  the  time  the  report  of  the  board  is  received  by  mail. 
Upon  request  of  the  supervising  engineers  the  Director  will  secure 
for  them,  or  for  officers  within  their  districts  specified  by  them, 
letters  of  introduction  from  the  commercial  agency  to  its  agents, 
upon  presentation  of  which  the  officers  bearing  such  letters  will 
be  enabled  to  secure  information  direct  from  the  agencies  of  the 
company  with  reference  to  the  financial  standing  of  contractors  or 
their  sureties. 

17.  Abstracts  of  proposals  to  be  sent  to  certain  newspapers. — 
When  bids  are  opened  for  construction  work,  equipment,  machin- 
ery, or  materials,  a  copy  of  the  abstract  of  the  proposals  received 
should  also  be  forwarded  to  the  "Government  Advertiser,"  as  well 
as  to  engineering  and  technical  journals  which  may  be  interested, 
for  publication.     Copies  of  abstracts  of  proposals  to  be  forwarded 
for  publication  should  contain  the  names  of  bidders  and  the  prices 
bid  on  the  various  items,  but  should  not  contain  any  additional  data 
which  may  be  included  on  the  copies  of  abstracts  forwarded  to  the 
Director  for  guidance  in  making  the  award  of  a  contract. 

18.  Specifications  prepared  in  the  field. — Copy  of  field  speci- 


30  RECLAMATION    SERVICE    MANUAL. 

fications  should  also  be  forwarded  to  the  Director  as  soon  as  issued, 
and  when  contract  is  to  be  awarded  by  the  Director,  copies  of  the 
abstract  of  bids  should  be  forwarded  as  soon  as  they  can  be  pre- 
pared after  the  proposals  are  opened.  Where  investigation  is 
necessary  before  making  a  recommendation  as  to  award,  this  should 
be  accompanied  with  the  statement  that  the  recommendation  on 
the  proposals  will  follow  at  a  later  date.  These  instructions  should 
be  adhered  to  in  all  cases,  in  order  that  dealers  and  contractors  may 
be  fully  advised,  and  to  avoid  criticism  that  requests  for  bids  are 
not  given  full  publicity.  It  is  necessary  also  that  papers  and  in- 
formation in  regard  to  these  matters  be  forwarded  to  the  Director, 
in  order  that  he  may  be  fully  advised  concerning  advertisements 
that  have  been  issued,  and  proposals  that  have  been  received,  as 
such  information  is  frequently  in  demand. 

19.  Specifications,  modifications  in. — Where  modifications  in 
specifications  are  found  necessary  because  of  material  changes  in 
the  requirements,  or  material  increase  or  diminution  in  quantity, 
the  necessity  for  which  becomes  apparent  subsequent  to  the  issuance 
of  advertisement  and  prior  to  the  award  and  execution  of  contract, 
all  proposals  received  in  response  to  the    original    advertisement 
should  be  rejected  and  a  new  advertisement  issued.     Any  other 
course  is  objectionable  because  all  bidders  are  not  afforded  equal 
opportunity  of  submitting  bids  under  the  modified  conditions  and 
full  compliance  with  the  law  regarding  competition  is  not  secured. 

20.  Bidders,  transporting  to  work. — Expenditures    for   the 
purpose  of  transporting  bidders  to  the  site  of  the  work  are  unauthor- 
ized.    The  officers  of  the  Service  should  make  every  reasonable 
effort  to  facilitate  the  necessary  investigation -of  the  work  by  pros- 
pective bidders,  and  where  they  can  transport  them  to  or  from  the 
work  without  incurring  additional  expense  there  is  no  objection, 
but  the  hire  of  teams  for  this  purpose  is  not  proper. 

21.  Certified  checks. — By  the  terms  of  paragraph  3  of  the 
^latest  form  of  "General  Conditions"  (Form  7-294,  approved  by  the 

.  Department  June  22,  1911),  all  certified  checks  submitted  by  bidders 

-  where  Form  7-294  is  a  part  of  the  specifications  are  to  be  drawn 
to  the  order  of  the  "Director,  U.  S.  Reclamation  Service."     No  such 
check  should  refer  to  the  Director  by  name.     All  such  checks  should 
be  forwarded  to  the  Director  immediately  upon  receipt.     In  order 
to  protect  both  the  United  States  and  the  bidder  from  possible  em- 

•  barrassment  or  loss  through  the  suspension  of  the  bank,  or  from 


ANIMALS,   HIRE  OF.  31 

any  other  cause,  these  checks,  upon  their  receipt  by  the  Director, 
are  at  once  indorsed  and  deposited  with  the  Treasurer  of  the  United 
States  for  collection,  and  the  proceeds  are  placed  in  a  special  fund  in 
the  Treasury  created  for  the  purpose,  known  as  the  "Reclamation 
deposit  fund."  Each  bidder  is  advised  of  this  action,  and  of  the 
reason  for  the  procedure.  When  the  proceeds  of  a  check  become 
returnable  to  the  bidder,  such  return  is  made  by  check  of  the  special 
fiscal  agent  at  Washington,  D.  C.,  drawn  on  the  deposit  fund. 
Where  certified  checks  are  submitted  with  proposals,  the  amount 
of  each  check  should  be  noted  on  the  envelope  in  which  it  was  re- 
ceived. When  the  contract  is  to  be  awarded  or  approved  by  the 
Director  all  checks  should  be  forwarded  with  the  proposals  and  re- 
port of  engineers.  Marks  of  identification  should  not  be  placed  on 
checks  submitted  with  proposals,  but  should  be  placed  on  separate 
slips  and  pinned  to  the  checks.  Letters  or  packages  containing  cer- 
tified checks  or  other  valuable  papers  should  be  transmitted  to  the 
Director  by  registered  mail. 

22.  Certified  checks  not  endorsed  and  deposited. — Where  the 
amount  of  a  certified  check  is  small  and  where  contract  is  to  be 
awarded  in  the  field,  the  supervising  engineers  may,  in  their  dis- 
cretion, direct  that  the  certified  checks  be  made  to  the  order  of  the 
supervising  engineer  or  project  manager  and  deposited  in  the  office 
safe,  but  care  should  be  taken  that  the  public  interests  do  not  suffer 
by  this  procedure. 

23.  References,   important. — Treasury   Department   circular 
No.  52,  July  29,  1907 ;  1  Compt.  Dec.,  229,  363 ;  2  id.  185,  632 ;  3  id. 
175,  315,  470,  473;  5  id.  64,  65,  554;  6  id.  314;  12  id.  510;  14  id. 
325,  329;  17  id.  114. 

AID  FROM  PUBLIC,  ACCEPTANCE  OF. 

While  it  is  desirable  to  secure  co-operation  and  moral  support  of 
citizens  in  localities  where  reclamation  work  is  progressing,  the  law 
does  not  contemplate  or  authorize  the  acceptance  from  the  public  of 
aid,  either  material  or  financial.  (Decision  Acting  Secretary,  Octo- 
ber 6,  1905.) 

ANIMALS,  HIRE  OF. 

1.  When  no  formal  contract  required. — When  a  man  is  em- 
ployed with  one  or  more  animals  of  which  he  will  remain  in  charge, 


32  RECLAMATION    SERVICE   MANUAL. 

his  services  should  be  engaged  as  teamster  or  common  laborer,  the 
Auditor  having  held  that  this  employment  is  in  the  nature  of  per- 
sonal services  and  does  not  come  within  the  provisions  of  Sec.  3744 
R.  S.,  requiring  formal  contract.  The  theory  is  that,  as  the  man 
remains  in  charge  of  his  own  property,  whether  it  consists  of  ani- 
mals, vehicles,  or  tools,  he  is  personally  responsible  for  its  care, 
and  no  liability  attaches  to  the  Reclamation  Service.  Vouchers  in 
payment  of  such  employees  in  charge  of  teams  should  always  be 

stated  as  "for  the  services  of with  team 

of  . ; animals,"  rather  than  for  the  hire  of  team  and 

driver.  This  construction  of  law,  however,  does  not  extend  to 
the  hire  of  animals  alone,  nor  to  the  rental  of  vehicles  or  other 
equipment.  For  such  cases  it  will  be  necessary  to  have  a  contract 
setting  out  the  terms  of  the  agreement. 

2.  Notices  to  be  posted. — If  no  competition  is  practicable  be- 
fore team  hire  contracts  are  entered  into,  as  where  there  is  an  estab- 
lished price  for  the  hire  of  teams  and  all  available  teams  are  hired, 
or  where  previous  advertising  has  been  followed  by  the  receipt  of 
no  bids  or  only  such  as  were  unreasonable  and  under  circumstances 
demonstrating  that  further  advertising  would  not  alter  results,  no- 
tices of  the  requirements  should  nevertheless  be  posted  in  at  least 
two  conspicuous  public  places,  and  the  contract,  when  entered  into, 
should  be  accompanied  by  a  certificate  giving  a  copy  of  such  notice 
and  stating  the  places  and  periods  of  posting.  Such  contracts 
should  not  be  continued  after  the  conditions  have  materially 
changed  so  that  competition  and  better  prices  could  be  obtained. 
(See  CONTRACTS,  PAR.  60.) 

APPEALS  TO  THE  DIRECTOR  AND  SECRETARY  OF 
THE  INTERIOR. 

In  order  to  provide  for  the  orderly  review  by  the  Secretary  of 
errors  that  may  occur  in  the  establishment  of  farm  units  or  in  pass- 
ing upon  water-right  applications,  the  following  procedure  is 
adopted : 

1.  All  cases  of  error  should  be  promptly  called  to  the  attention 
of  the  project  manager  by  the  party  affected. 

2.  If  the  project  manager  decides  not  to  take  the  steps  necessary 
to  grant  relief,  the  matter  may  be  brought  to  the  attention  of  the 

Secretary  of  the  Interior,  as  hereinafter  provided. 


AUTHORIZING  WORK  AND  APPORTIONING   FUNDS.  33 

3.  The  party  aggrieved  should  promptly  file  with  the  project 
manager  a  written  statement  addressed  to  the  Director  setting  out 
clearly  and  definitely  the  grounds  of  complaint. 

4.  The  project  manager  will  note  thereon  the  date  of  its  receipt 
in  his  office  and  promptly  forward  the  same  with  report  and  recom- 
mendation to  the  Director  through  the  supervising  engineer,  who 
will  attach  his  recommendation. 

5.  Upon  receipt  of  the  papers  in  the  Director's  ofiice  the  matter 
will  be  carefully  reviewed,  and  if  the  action  of  the  project  manager 
is  concurred  in,  the  claimant  will  be  allowed  60  days. in  which  to 
file  with  the  Director  an  appeal  to  the  Secretary  of  the  Interior.     In 
case  of  appeal,  the  matter  will  be  submitted  to  the  Secretary  for 
consideration  and  appropriate  action.      (Approved  by  the  Secretary 
of  the  Interior  June  27,  1910.) 

The  instructions  of  June  27,  1910,  providing  for  appeals  from 
the  action  of  a  project  manager  to  the  Director  of  the  Reclamation 
Service  and  the  Secretary  of  the  Interior,  successively,  are  applica- 
ble only  to  cases  involving  questions  which  properly  rest  for  decision 
within  the  jurisdiction  of  the  Reclamation  Service.  (First  Assist- 
ant Secretary,  May  29,  1911,  40  L.  D.,  116.) 

AUTHORIZING  WORK  AND  APPORTIONING  FUNDS. 

Administration  expense  and  inventory  work  orders,  par.  16. 

Allotment,  par.  5. 

Allotment  for  construction  and  repair  work,  par.  7. 

Appropriation,  par.  2. 

Appropriation  bookkeeping,  par.  14. 

Appropriation  journal,  par.  17. 

Authority,  general,  par.  3. 

Authority,  specific,  par.  4. 

Authority  for  work  and  expenditures,  par.  1. 

Authority  work  orders,  par.  6. 

Classification  of  project  monthly  balance  sheet,  par.  15. 

Controlling  accounts,  par.  19. 

Engineer's  work  orders,  par.  13. 

Estimates  for  construction  and  repair  work,  par.  9. 

General  authority,  par.  3. 

Quarterly  statement  and  estimate,  par.  8. 

Recommendation  for  construction  and  repair  work,  par.  10. 


34  RECLAMATION    SERVICE)    MANUAL. 

Record  of  expenditures,  par.  18. 

Reports,  par.  20. 

Request  for  construction  and  repair  work,  par.  12. 

Revision  of  estimates  for  construction  and  repair  work,  par.  11. 

1.  Authority  for  work  and  expenditures.— Authority  for  all 
work  and  expenditures  in  connection  with  the  operations  under  the 
Reclamation  Act,  is  vested  in  the  Secretary  of  the  Interior  by 
the  Reclamation  Act.  In  accordance  with  this  "authority,  the  Sec- 
retary has,  by  letters  dated  March  9,  1907,  June  11,  1907,  June  16, 
1910,  and  November  25,  1911,  authorized  and  directed  the  Director 
of  the  Reclamation  Service, — 

(1)  To  recommend  to  the  Secretary,  from  time  to  time,  the 
approval  of  reclamation  projects  for  construction  and  the  allotment 
of  amounts  estimated  as  necessary  therefor; 

(2)  To  submit  to  the  Secretary  for  approval,  quarterly  state- 
ments and  estimates  showing  progress  during  the  previous  quarter, 
the  work  contemplated  for  the  ensuing  quarter,  and  the  amount 
estimated  as  necessary  to  carry  on  the  work  as  outlined ; 

(3)  To  submit  to  the  Secretary  for  approval,  any  statements 
and  estimates  for  contemplated  work,  the  necessity  for  which  arises 
after  the  submission  of  the  quarterly  statements  and  estimates ; 

(4)  To  submit  to  the  Secretary,  for  approval,  all  matters  of 
general  policy  or  which  may  become  important  precedents,  and  all 
legal  matters  requiring  the  consideration  of  the  Assistant  Attorney 
General ; 

(5)  To  recommend  to  the  Secretary  the  appointment  of  persons 
selected  under  Civil  Service  rules,  for  positions  in  the  classified 
service;  to  employ  men  in  registered,   non-educational  positions 
under  Civil  Service  rules,  and  laborers; 

(6)  To  order  employees  to  travel  when  necessary  and  to  au- 
thorize responsible  assistants  to  order  employees  to  travel; 

(7)  To  execute  and  to  authorize  in  writing  his  subordinate  offi- 
cers to  execute  "routine"  contracts  as  hereinafter  defined,  of  the 
following  classes:    (a)   any  disbursement  contract  not  exceeding 
$5,000  in  amount,  required  to  carry  out  the  plans  duly  authorized 
by  the  Department,  or  plans  outlined  in  approved  quarterly  state- 
ments and  estimates;    (b)    any  collection  contract  not  exceeding 
$5,000  in  amount,  where  the  plan  under  which  collection  is  made 
has  previously  been  approved   by  the  Secretary  of  the  Interior.    A 


AUTHORIZING  WORK  AND  APPORTIONING   FUNDS.  35 

"routine"  contract  is  defined  to  be  a  contract  of  a  form  approved 
by  the  Secretary  of  the  Interior  for  general  use.  Other  contracts, 
except  in  cases  of  emergency,  are  to  be  executed  by  the  Director  of 
the  Reclamation  Service  or  his  subordinate  officers,  only  after  spe- 
cial authority  shall  have  been  given  by  the  Secretary  of  the  Interior 
for  that  purpose.  Bonds  given  in  support  of  contracts  are  to  be 
executed  and  approved  under  the  same  regulations  as  the  contracts 
which  they  accompany. 

(8)  To  give  administrative  examination  and  approval  of  the  ac- 
counts of  fiscal  officers  and  claims  of  creditors,  submitted  for  direct 
settlement  in  the  Treasury  Department. 

(9)  To  correspond  directly  with  the  accounting  officers  of  the 
Treasury  Department  respecting  accounts  and  with  the  heads  of 
Bureaus  of  this  and  other  departments  respecting  the  execution  of 
work  outlined  in  approved  statements  and  estimates  and  any  other 
matter  which  does  not  involve  the  decision  of  questions  of  general 
policy. 

(10)  In  the  absence  or  disability  of  the  Director,  the  duties  above 
specified  are  performed  by  the  Chief  Engineer  or  by  such  other 
principal  officer  of  the  Reclamation  Service  as  may  be  designated 
by  the  Director  or,  in  his  absence,  by  the  Chief  Engineer. 

2.  Appropriation. — The  work  of  the  Service  is  founded  upon 
appropriations  made  by  Congress.     The  principal  operations  are 
based  on  the  so-called  Organic  Act  of  June  17,  1902,  which  created 
the   fundamental  appropriation.     Other  laws  and  appropriations 
have  been  made,  notably  that  of  one  million  dollars  for  the  Rio 
Grande  Dam.    Annual  appropriations  in  the  Indian  Service  are  also 
available  for  certain  work  which  is  being  performed  by  the  Service 
acting  in  the  nature  of  a  contractor  for  the  Indian  Bureau. 

3.  General  authority. — The  authorization  by  the  Secretary  of 
the  Interior  of  contemplated  expenditures  is  required  before  ex- 
penses may  be  incurred.     After  this  general  authority  has  been 
obtained,  which  is  usually  for  making  surveys  or  construction  of  a 
project,  the  next  step  is  to  obtain  specific  authority.     This  general 
authority  is  to  be  cited  by  dates  in  the  annual  estimate  and  budget. 

4.  Specific  authority. — This  is  for  taking  up  large  divisions  or 
units  of  an  authorized  project,  and  includes  the  approval  for  con- 
struction of  large  structures  or  groups  of  structures  forming  an  in- 
tegral part  of  a  project,  and  is  modified  from  time  to  time  as  work 
progresses.    The  general  authority  for  the  project  and  the  specific 


36  RECLAMATION    SERVICE    MANUAL. 

authority  for  the  subproject  serve  to  delegate  to  the  Director  cer- 
tain duties,  which  in  turn  are  passed  on  to  the  men  in  the  field. 

5.  Allotment. — The  next  step  is  an  allotment  recommended 
by  the  Director,  approved  by  the  Secretary,  and  subsequently  em- 
bodied in  "authority  work  orders"  for  the  execution  of  certain  por- 
tions or  subdivisions  of  a  unit  of  a  project.     These  allotments  are 
quoted  in  the  budget  as  being  the  principal  items  of  proposed  expen- 
diture, and  are  numbered  for  convenience  and  identification. 

6.  Authority  work  orders. — These  cover  either  single  large 
structures,  such  as  a  dam,  or  a  group  of  structures,  as  a  distributing 
system,  or  a  pumping  plant.    In  all  cases  this  authority,  based  on  an 
allotment,  must  be  given  in  advance  of  entering  upon  the  work,  and 
the  plans  approved  by  the  Chief  Engineer.     These  authority  work 
orders  are  also  summarized  in  budget,  which  is  prepared  by  calen- 
dar years,  and  gives  a  resume  of  financial  conditions  in  a  large  way 
and  the  amount  expended  by  calendar  years  for  each  project.    For 
the  purpose  of  transmitting  this  information  without  laborious  let- 
ter writing  the  following  instructions  are  to  be  followed  in  making 
requests  for  allotments  and  keeping  record  of  the  apportionment  of 
such  funds  as  are  allotted  for  the  construction  of  a  project. 

7.  Allotment  for  construction  and  repair  work. — The  project 
manager  will  forward  a  formal  request  for  allotment  of  funds 
(numbering  it  consecutively),  through  the  supervising  engineer,  in 
the  form  of  a  letter,  requesting  that  an  allotment  be  made  for  the 
construction  or  completion  of  certain  features  and  units.     After  the 
Secretary  has  approved  the  allotment  the  Director's  office  will  ad- 
vise the  project  by  the  use  of  Form  7-680.    In  the  space  on  the  left 
side  of  the  blank  is  to  be  listed  the  Director's  office  authority  num- 
bers, which  refer  back  to  the  specific  authority  in  which  this  work 
was  recommended  by  a  board  of  engineers,  approved  by  the  Chief 
Engineer  and  authorized  by  the  Department.     This  document  car- 
ries no  authority  to  do  any  work  until  an  approval  is  given  in  the 
manner  indicated  in  instructions   for  "Recommendation   for  con- 
struction and  repair  work."    Form  7-681. 

8.  Quarterly  statement  and  estimate.— This  is  a  statement 
:  prepared  every  three  months  showing  progress  of  work,  and  leading 

up  to  an  estimate  of  expenditures  for  the  ensuing  quarter.  These 
estimates  relate  to  the  total  expenditures  of  the  amount  allotted  and 
authorized,  and  explain  in  detail  how  it  is  proposed  to  spend  the 
money  available  in  work  on  certain  specified  features.  The  field 


AUTHORIZING  WORK   AND  APPORTIONING   FUNDS.  37 

officers,  in  preparing  their  portion  of  the  proposed  expenditures 
for  a  quarter,  should  show  on  the  detail  supplement  to  the  quar- 
terly statement  and  estimate  which  should  accompany  under  what 
engineer's  work  orders  the  expenditures  are  to  be  made.  In  the 
event  that  proposed  expenditures  for  a  quarter  contemplate  ex- 
penditures for  work  for  which  engineer's  work  orders  have  not  been 
issued  the  Washington  Office  authority  number  will  be  used,  and 
before  work  is  begun  an  engineer's  work  order  is  to  be  given  to  the 
engineer.  The  project  office,  in  consolidating  these  estimates, 
should  insert  these  numbers  on  the  combined  detail  supplement  to 
the  quarterly  statement  and  estimate  Form  7-887  to  the  Director's 
office.  The  quarterly  statement  and  estimate,  after  approval,  gives 
authority  to  expend  money  up  to  the  amount  estimated  for,  but 
payments  cannot  be  made  until  a  feature  of  work  has  been  au- 
thorized on  Forms  7-681  or  7-686.  When  it  becomes  necessary  to 
expend  more  money  than  was  estimated  for  in  a  quarter  a  supple- 
mental quarterly  statement  and  estimate  on  Form  7-887  should  be 
prepared  and  transmitted  to  the  Director's  office,  through  the  su- 
pervising engineer.  This  should  show  the  features  of  work  on 
which  it  is  proposed  to  increase  the  amount  available  for  expendi- 
ture, and  will  be  used  by  the  Director  in  requesting  additional  au- 
thority from  the  Department.  This  should  also  refer  to  the  au- 
thority number  or  numbers.  If  no  authority  has  been  granted 
a  Recommendation  (Form  7-681),  or  Revision  of  Estimate  (Form 
7-686)  should  accompany  the  request. 

9.  Estimates  for  construction  and  repair  work  (Form  7-682.) 
—This  form  is  to  be  used  by  the  construction  or  office  engi- 
neer for  preparing  detailed  estimates.  In  addition  to  showing 
the  work  estimated  for,  the  blank  will  be  completed  by  giving 
a  narrative  description  of  the  work  showing  its  purpose,  the 
benefits  to  be  derived,  its  relation  to  the  general  system,  and  its 
necessity.  The  quantities  and  total  unit  cost  per  items  should  be 
estimated  for  the  completion  of  the  work,  regardless  of  whether  or 
not  funds  are  immediately  available.  If  the  work  is  to  be  done 
by  contract  the  classification  of  costs  will  show  by  items  of  work, 
the  estimated  contract  price,  the  cost  of  engineering,  general  ex- 
pense, the  materials  and  supplies  to  be  furnished  by  the  United 
States  and  contingencies.  If  the  work  is  to  be  done  by  Govern- 
ment forces,  the  estimates  will  then  be  prepared  in  greater  detail, 


3g  RECLAMATION   SERVICE   MANUAL. 

•o  as  to  show  by  items  of  work,  the  estimated  cost  of  engineering, 
superintendence,  foremen,  labor,  materials,  supplies,  depreciation, 
general  expense,  and  contingencies.  These  estimates  should  be 
prepared  in  sufficient  numbers  to  forward  two  copies  for  approval 
to  the  supervising  engineer  who,  after  approval,  will  retu 
copy  as  indicated  in  par.  10. 

10.  Recommendations  for  construction  and  repair  work 
(Form  7-681.)— This  form  is  to  be  prepared  in  triplicate  for 
each  principal  feature  or  unit  of  work,  and  used  by  the  project  man- 
ager in  recommending  construction  and  repair  work  either  before 
or  after  plans  and  specifications  have  been  passed  on  and  covered 
by  a  recommendation  of  a  board  of  engineers.  The  estimated 
completed  cost  of  the  work  will  be  stated  on  the  blank,  by  items  of 
work  and  the  amount  not  yet  available,  which  is  determined  by  ref- 
erence to  Form  7-680,  will  be  deducted  from  the  grand  total  es- 
timate. The  net  amount  will  be  the  encumbrance  for  the  ensuing 
year's  work,  and  is  the  limita'tion  of  the  amount  to  be  expended 
until  additional  funds  become  available.  The  three  copies,  to- 
gether with  two  copies  of  the  detailed  estimate  (Form  7-682)  will 
be  forwarded  to  the  supervising  engineer,  who,  after  recommend- 
ing approval,  will  forward  the  three  copies  of  the  recommendation 
to  the  Director  for  authority  and  return  one  copy  of  the  estimate 
to  the  project.  An  additional  copy  will  be  furnished  the  chief 
electrical  engineer,  and  drainage  engineer,  when  the  work  relates  to 
either  electrical  or  drainage  operations. 

The  recommendations  for  canals  and  structures  should  always  in- 
clude a  description  giving  the  location  by  sections,  township,  and 
range,  or  preferably,  the  information  may  be  shown  on  a  map  with 
section,  township  and  range  lines  on  it.  Particular  tracts  of  land 
should  be  referred  to  by  Land  Office  descriptions,  and  not  by  name 
of  owner.  Drawings  and  specifications,  if  any,  should  also  accom- 
pany the  recommendations;  or,  if  these  are  on  file  in  the  Director's 
office,  a  reference  should  be  made  on  the  blank  to  that  effect.  If 
such  drawings  and  specifications  have  not  been  completed  at  the 
time  of  recommending  the  work,  they  should  be  immediately  for- 
warded upon  their  completion  and  reference  made  to  the  authority 
number. 

Recommendations  should  always  show  the  relation  of  the  par- 
ticular work  to  the  general  system ;  whether  the  work  is  to  be  done 


AUTHORIZING  WORK  AND  APPORTIONING   FUNDS.  39 

by  contract  or  Government  forces;  reasons  why  the  construction  is 
necessary,  its  purpose,  and  the  benefits  to  be  derived  therefrom. 

(a)  Recommendations  for  operation  and  maintenance  are  to  be 
prepared  to  cover  the  estimated  expenditures  for  a  calendar  year. 
Only  one  recommendation  need  be  prepared  for  the  entire  project. 
If  there  are  not  sufficient  funds  immediately  available  at  the  time 
of  preparing  the  estimate  a  deduction    should    be  made  of    this 
amount  from  the  grand  total  estimate  for  the  year,  and  when  funds 
become  available  Form  7-686  should  be  used  for  encumbering  the 
allotment  for  the  additional  amounts  required. 

(b)  Recommendations  for  work  which  is  continuous  in  character, 
and  which  cannot  be  estimated  for  to  completion,  such  as  general 
expense,  stream  gaging,  inventories,  and  other  like  accounts,  are  to 
be  prepared  to  cover  the  estimated  expenditures  for  the  calendar 
year;  and  after  the  appropriation  accounts  have  been  closed  for  De- 
cember of  each  year  the  balance  remaining  unexpended  will  be  re- 
turned to  authorized  work;  and  the  balances  remaining  in  authori- 
zations are  to  be  restored  to  funds  available.     The  project's  allot- 
ment should  not  be  encumbered  for    administrative  expenses,  if 
these  charges  are  distributed  monthly.     The  recommendations  for 
the  inventories  should  only  be  sufficient  to  provide  for  the  maxi- 
mum value  of  the  stock  on  hand  during  the  year.     The  purpose 
is  to  set  aside  for  transactions  which  may  come  under  these  heads 
an  amount  of  money  to  take  care  of  this  class  of  purchases,  or  ex- 
pense, until  such  time  as  it  is  practicable  to  dispose  of  the  accumu- 
lated amount  to  features  of  work. 

(c)  Recommendations  for  the  purchase  of  lands  or  right  of  way 
where  an  agreement  to  sell  includes  the  building  of  small  structures, 
in  addition  to  the  monetary  consideration  should  contain  a  descrip- 
tion of  the  land  or  be  accompanied  by  a  plat  showing  location  by 
section,  township  and  range.     It  should  also  include  the  name  of 
owner,  date  of  contract,  and  the  number  and  type  of  structures  to 
be  built,  together  with  the  total  estimated  cost  of  each.     When 
contracts  for  purchase  of  lands  do  not  include  the  building  of  small 
structures,  in  addition  to  the  monetary  consideration,  the  recom- 
mendation should  show  the  date  of  contract  and  name  of  owner, 
and  the  status  in  each  case  when  a  contract  has  not  been  executed. 
When  construction  of  a  purely  temporary  nature  is  to  be  under- 
taken on  private  land  it  will  not  be  necessary  to  obtain  title  to  the 


40  RECLAMATION    SERVICE    MANUAL. 

land,  but  a  rental  contract  will  be  sufficient,  and  its  date  and  names 
of  lessors  should  be  given  on  the  recommendation. 

(d)  Recommendations  for  construction  work  are  to  be  prepared 
for  each  feature  or  unit  of  work.  These  estimates  are  to  be  pre- 
pared for  the  estimated  completed  cost  of  the  work  contemplated, 
and  when  there  are  not  sufficient  funds  available  a  deduction  of  the 
amount  not  immediately  available  will  be  made  from  the  grand 
total  estimate,  to  arrive  at  the  encumbrance  for  the  ensuing  year. 
When  additional  funds  become  available,  Form  7-686,  will  be  used 
to  bring  forward  the  additional  amount. 

In  all  cases  of  construction  the  recommendation  should  include 
a  statement  of  ownership  of  the  land  to  be  occupied,  whether  pub- 
lic land,  land  subject  to  right-of-way  reservation,  or  land  acquired 
by  the  United  States ;  and,  in  the  latter  case,  whether  the  title  has 
actually  passed.  If  the  negotiations  for  the  right  of  way  have  not 
been  concluded,  the  status  of  the  negotiations,  names  of  the  owners, 
and  description  of  the  tracts  not  acquired  should  be  stated,  with 
reference  to  pending  contracts,  together  with  reason  for  desiring 
authority  for  construction  before  completion  of  the  negotiations. 
"  IT  MUST  BE  UNDERSTOOD  THAT  NO  CONSTRUC- 
TION SHALL  BE  UNDERTAKEN  UPON  LAND  TO 
WHICH  THE  UNITED  STATES  DOES  NOT  HAVE  TITLE, 
EXCEPT  UPON  SPECIAL  AUTHORITY  AS  INDICATED 
HEREIN. 

i  \  (e)  The  general  approval  given  by  this  form  (7-681),  will  not 
authorize  any  expenditures  until  a  request  for  construction  and  re- 
pair work  (Form  7-682),  has  been  approved  by  the  supervising 
engineer.  The  amounts  to  be  expended  in  any  quarter  are  to  be 
estimated  for  and  authorized  in  the  quarterly  statement  and  esti- 
mate. Reasonable  variation  in  the  estimated  cost  of  items  is  per- 
missible, but  the  total  expenditures  for  a  feature  cannot  exceed  the 
estimated  amount  authorized.  In  the  space  provided  on  the  left 
side  of  the  sheet  is  to  be  listed  the  engineer's  work  orders  issued 
under  the  authorization. 

11.  Revision  of  estimate  (Form  7-686.) — This  form  is  to  be 
prepared  in  triplicate  whenever  it  is  desired  to  increase  or  decrease 
an  estimate  or  make  any  changes  in  an  authority  previously  au- 
thorized on  Form  7-681.  Each  item  appearing  on  the  original 
recommendation  will  be  included  in  the  revision  even  though  only 


AUTHORIZING   WORK   AND   APPORTIONING   FUNDS.  41 

one  item  is  to  be  increased  or  decreased.  A  revision  must  be  con- 
fined to  only  one  recommendation  or  authority.  It  will  refer  to 
the  original  authority  by  repeating  the  number.  The  revision  num- 
ber will  begin  serially  with  1  under  each  authority  and  the  project 
number  will  be  a  continuation  of  the  regular  project  series.  Three 
copies  will  be  sent  to  the  Director  throught  the  Supervising  Engi- 
neer's office.  Upon  being  approved  the  original  will  be  returned 
to  the  project  manager,  the  duplicate  to  the  supervising  engineer 
and  the  triplicate  retained  in  the  Director's  office.  The  increase  or 
decrease  carried  by  this  form  will  be  noted  on  the  original  recom- 
mendation or  authority  Form  7-681  in  the  column  to  the  left 
headed  "Record  of  engineer's  work  orders  issued,"  also  on  the  al- 
lotment advice  Form  7-680  in  the  column  to  the  left  headed  "Rec- 
ord of  authority  numbers  issued."  Reversion  engineer's  work  or- 
ders for  the  amount  of  the  decrease  must  accompany  Form  7-686 
for  any  decrease  in  an  authority,  which  has  been  encumbered  by 
engineer's  work  orders.  When  engineer's  work  orders  are  issued 
they  should  be  registered  on  the  original  authority.  The  reasons 
for  increasing  or  decreasing  costs  or  quantities  will  be  given  on  the 
reverse  of  the  blank  on  lines  numbered  to  correspond  with  items 
on  its  face. 
Form  7-686  will  be  used  for  the  following  purposes : 

(a)  For  each  revision  of  an  estimate  for  a  feature  or  unit  of 
work  that  has  been  previously  authorized  on  Form  7-681. 

(b)  To  show  details  of  work  previously  authorized  on  Form 
7-681  that  was  not  described  in  units  of  measure  and  is  to  be  sub- 
stituted for  those  lacking  descriptive  matter  when  definite  plans 
have  been  adopted. 

(c)  When  additional  funds  are  desired  as  for  encumbering  an 
allotment  for  continuing  operations  under  an  authority  previously 
authorized.     When  used  for  this  purpose  the  detail  appearing  on 
the  original  authority  need  not  be  repeated  but  a  notation  "For  ad- 
ditional funds  only"  will  be  made  in  the  columns  for  "Items"  so 
as  to  distinguish  it  from  a  revision  of  estimate. 

(d)  To  restore  the  unused  balances  to  "Funds  Available"  which 
remain  in  approved  authorities,  upon  completion  of    construction 
work  and  at  the  close  of  the  year  for  operation  and  maintenance 
and  other  continuing  expenses  which    are  prepared    by  calendar 
years. 


42  RECLAMATION    SERVICE    MANUAL. 

(e)  In  submitting  final  cost  reports  to  the  Director's  office.  This 
form  will  provide  a  convenient  means  of  comparison  between  the 
estimated  and  actual  cost  and  quantities  and  when  it  is  used  for 
this  purpose  the  columns  headed  "Previous"  should  be  changed  to 
"Estimated"  and  "Present"  changed  to  "Actual."  The  detail  items 
will  be  shown  on  Form  7-834  in  case  of  Government  force  work 
and  on  Form  7-837  for  contract  work. 

12.  Request  for  construction  and  repair  work  (Form  7-682). 
— This  request  must  be  prepared  for  each  feature  and  include  both 
labor  and  materials,  and  be  approved  by  the  project  manager  and 
supervising  engineer  before  any  field  work  is  undertaken.    After  the 
project  manager  has  approved  the  request,  it  should  then  be  submit- 
ted in  duplicate  to  the  supervising  engineer  with  a  statement  of 
the  reasons  why  the  work  is  necessary.     The  supervising  engineer 
will  give  his-  approval  provided  it  has  been  previously  recommended 
by  a  board  of  engineers  and  approved  by  the  Chief  Engineer,  or 
after  the  matter  has  been  authorized  in  writing  by  the  Director  and 
Chief  Engineer.     One  copy  should  be  returned  by  the  supervising 
engineer  to  the  project  manager  if  his  approval  is  given,  and  the 
project  manager  will  then  be  authorized  to  issue  an  engineer's  work 
order.    It  may  happen  that  emergency  work  must  be  done  without 
an  engineer's  work  order  having  been  previously  furnished.    In  such 
case  of  the  field  officer  who  ordered  the  work  done,  either  at  the  sug- 
gestion of  the  project  manager  or  upon  his  own  judgment,  must  fill 
out  Form  7-682,  and  all  expenditures  for  labor  and  material  are 
to  be  reported  under  his  designating  number  until  he  receives  an 
engineer's  work  order. 

13.  Engineer's  work  order  (Form  7-683). — Engineer's  work 
orders  will  be  issued  for  each  feature  after  the  field  officer's  request 
has  been  approved  by  the  supervising  engineer  and  should  be  definite 
in  regard  to  the  work  to  be  performed.     The  administrative  expense 
and  operating  accounts,  such  as  corrals,  messes,  mercantile  stores 
and  shops  are  also  to  be  designated  by  engineer's  work  orders.    The 
number  of  engineer's  work  orders  to  be  issued  will  depend  largely 
on  the  organization  of  the  work  and  the  arrangement  of  the  ac- 
count number  series  for  cost  keeping.     Each  man  in  responsible 
charge  should,  however,  be  furnished  engineer's  work  orders  that 
are  definite  in  regard  to  the  work  to  be  performed  with  the  money 
allotted.     One  copy  of  this  form,  as  soon  as  it  is  issued,  should  be 


AUTHORIZING  WORK  AND  APPORTIONING   FUNDS.  43 

sent  to  the  construction  engineer,  supervising  engineer  and  the 
Director's  office.  An  additional  copy  will  also  be  furnished  to  the 
Chief  Electrical  Engineer  and  Drainage  Engineer  when  it  pertains 
to  electrical  or  drainage  work,  respectively.  When  an  engineer's 
work  order  is  to  be  decreased  or  when  the  unexpended  balance 
after  completion  of  work,  is  to  be  transferred  back  to  "Authorized 
work,"  a  memorandum,  copy  of  which  is  to  be  furnished  the  Di- 
rector's and  supervising  engineer's  offices,  is  to  be  prepared  on 
Form  7-683,  with  subject  matter  to  show  why  the  work  order  was 
reduced.  It  is  to  be  given  the  same  number  as  the  reduced  engi- 
neer's work  order  and  marked  "Reversion," 

14.  Appropriation  bookkeeping. — Allotments  made  for  work, 
«md  the  investment  as  shown  by  the  project  monthly  balance  sheet, 
is  the  basis  for  all  entries.     To  facilitate  the  distribution  of  ex- 
penditures to  engineers'  work  orders  the  cost  ledger  accounts  or 
the  number  and  letter  summary  will  be  used. 

15.  Classification  of  project  monthly  balance  sheet. 

I.  Investment  of  the  United  States. — This  controls  the  appro- 
priation bookkeeping,  as  well  as  the  general  accounting  system. 
After  all  entries  described  in  the  following  paragraphs  have  been 
posted  to  their  respective  accounts,  the  credit  balances  of  "Reim- 
bursible  Investment"  and  "Non-reimbursible  Investment"  should 
equal  the  net  investment. 

II.  Accounts  payable. — These  accounts  may  be  abstracted  on  the 
journal  entry  summary  (Form  7-824).     If  the  credit  balance  ex- 
ceed the  debit  balance,  the  entry  will  be  a  credit    to    "Accounts 
Payable."     If  the  debit  balance  for  the  current  month  exceed  the 
credit  balance,  the  entry  will  be  the  reverse  of  above. 

III.  Accounts  receivable. — In  this  group  those  items  which  are 
not  eliminated  by  an  analysis  of  collected  repayments  and  revenues 
are  the  only  accounts  which  affect  the  distribution.     If  the  entries 
for  the  current  month  result  in  a  debit  balance  the  amount  will  be 
debited  to  "Cost  Adjustments."     If  the  result  is  a  credit  the  entry 
will  be  the  reverse  of  above. 

IV.  Cost  ledger  controlling    accounts. — The  net  debit  for  the 
month,  plus  or  less  cost  ledger  inventories,  will  be  entered  as  a  debit 
to  "Allotted  to  Engineer  Work  Orders." 

V.  Repayment  accounts. — Collections  of    water-right    building 
charges  for  the  month  will  be  credited    to  "Water-right    building 


44  RECLAMATION    SERVICE    MANUAL. 

charges  collected."    Collections  of  water-right  operation  and  main- 
tenance charges  will  be  credited  to  "Funds  Available." 

VI.  Revenue  accounts.— The  items  that  have    been    collected, 
either  by  collection  vouchers  or  labor  deductions  will  be  credited 
to  "Funds  Available." 

Note. If  the  collections  are  determined  correctly  the  un- 

collected  repayments  and  revenues  will  automatically  be 
eliminated  from  the  appropriation  accounts,  as  accounts  re- 
ceivable, except  uncollected  cost  ledger,  inventory  and  cost 
adjustments  items,  are  not  included  in  the  appropriation 
bookkeeping. 

VII.  Inventory  accounts. — "Cash    on  hand"    and    "Estimated 
equipment  depreciation"  will  not  be  included  in  this  group.     If  the 
entries  for  the  month  result  in  a  debit,  the  amount  will  be  charged 
to  "Allotted  to  Inventories."    If  the  result  is  a  credit,  the  entry  will 
be  the  reverse  of  above.     The  net  increase  or  decrease    for    the 
month  for  "Cost  ledger  inventories"  will  also  be  debited  or  credited 
as  the  case  may  be,  to  this  account. 

VIII.  Cost  adjustment  accounts. — There  will  be  included  with 
this  group  "Cash  on  hand"  and  "Estimated  equipment  deprecia- 
tion."    If  the  entries  for  the  month  result  in  a  debit,  the  amount 
will  be  charged  to  "Cost  adjustment  account."     If  the  result  is  a 
credit,  the  entry  will  be  the  reverse  of  above.     Any  uncollected 
items  reported,  in  "Accounts  Receivable"  affecting  "Cost  Ledger 
Controlling  Accounts,"   "Inventories"    and   "Cost    Adjustments" 
will  also  be  debited  to  this  account,  and  subsequently  credited  when 
the  collection  is  made. 

16.  Administrative  expense  and  inventory  work  orders. 

(a)  Administrative  expense. — A  permanent  engineer's  work  or- 
der, No.  100,  will  be  issued  to  receive  all  charges  for  general  ex- 
penses (see  General  Expense,  classification  of ) 

This  number  need  not  be  used  if  the  charges  are  distributed  each 
month. 

(b)  Equipment  inventory. — A  permanent  engineer's  work  order, 
No.  110,  will  be  issued  to  receive  all  charges  for  "Government  ani- 
mals" and  "Equipment  in  use,"  as  reported  in  the  "Inventory  Ac- 
counts." 

(c)  Material  on  hand.— A  permanent  engineer's  work  order, 


AUTHORIZING  WORK   AND  APPORTIONING   FUNDS.  45 

No.  120,  will  be  issued  to  receive  all  charges  for  supplies  and  ma- 
terials which  are  reported  in  the  "Inventory  Accounts,"  excepting 
for  items  "Government  animals,"  "Equipment  in  use,"  "Cash  on 
hand"  and  "Estimated  equipment  depreciation." 

(d)  Cost  ledger  inventories. — A  permanent  engineer's  work  or- 
der, No.  130,  will  be  issued  to  receive  all  charges  for  cost  ledger 
inventories,  of  mess  houses,  corrals,  shops,  hospitals,  and  other 
like  accounts  which  are  reported  in  "Statement  of  Cost  Ledger  In- 
ventories" on  reverse  of  project  balance  sheet. 

Note. — The  above  accounts  encumber  the  project's  al- 
lotment with  amount  set  aside  for  increase  in  inventories. 
These  work  orders  should  be  charged  with  the  purchases 
and  credited  with  the  issues,  as  shown  by  project  monthly 
balance  sheet.  (See  paragraph  15.) 

17.  Appropriation  journal. 

(a)  Form  7-687  is  to  be  used  for  preparing  abstracts  of  allot- 
ments, recommendations,  engineer's  work  orders,  and  decreases  in 
allotments,  authorized  work,  and  engineer's  work  orders.     At  the 
end  of  each  month  these  forms  will  be  totaled,  and  a  journal  entry 
made  at  the  bottom  of  the  blank,  and  the  amount  posted  to  the  ap- 
propriation ledger.     These  abstracts  will  be  numbered  consecutively 
and  the  number  referred  to  in  the  folio  column  of  the  ledger. 
They  will  be  filed  in  a  binder  similar  to  that  used  for  the  general 
classification  sheets,  and  will  become  the  appropriation  journal. 

(b)  A  journal  entry  summary  is  to  be  prepared  from  the  cur- 
rent month  column  of  the  project  monthly  balance  sheet.     Form 
7-824  should  be  used  for  this  purpose,  by  posting  to  the  first  col- 
umn under  heading  "General  Ledger"  the  debits  and  credits  and 
the  results,  either  debit  or  credit,  to  the  next  column,  under  head- 
ing "Appropriation  Ledger"   (see  paragraph  15.)     After  the  en- 
tries have  been  completed,  the  totals  of  the  debit  and  credit  col- 
umns should  agree,  and  this  form,  used  as  a  journal  voucher  for 
posting  direct  to  the  appropriation  ledger. 

18.  Record  of  expenditures  authorized  by  engineer's  work  or- 
ders.— A  separate  sheet,  Form  7-685,  is  to  be  opened  for  each 
engineer's  work  order  issued.     The  net  expenditures  for  the  month 
under  each  number  will  be  taken  from  the  cost  ledger  totals  of  the 
general  accounting  system  and  the  project  monthly  balance  sheet. 


46  RECLAMATION    SERVICE    MANUAL. 

If  two  or  more  allotments  are  made  for  the  identical  job,  the  same 
engineer's  work  order  number  will  be  used,  and  a  letter  affixed, 
so  that  all  charges  to  the  same  job  will  be  collected  on  one  sheet. 

19.  Controlling  accounts.— To  provide  a  control  over  the  au- 
thorization of  work  and  apportionment  of  funds,  the  accounts  de- 
scribed below  are  to  be  kept  to  show  all  transactions  by  which  the 
appropriation  under  the  control  of  a  project  has  been  pledged. 

(a)  Appropriation  account. — This  account  should  be  debited  with 
all  allotments  of  which  the  project  receives  notice,  on  Form  7-680, 
and  credited  only  when  the  allotment  has  been  decreased  by  the  Di- 
rector's office.    The  debit  balance  must  always  equal  the  credit  bal- 
ances of  the  other  appropriation  accounts. 

(b)  Funds  available  account. — This  account  should  be  credited 
or  debited  with  the  contra  of  all  entries  to  the  appropriation  ac- 
penditures  to  engineers'  work  orders  the  cost  ledger  accounts  or 
count;  and  should  be  debited  with  all  allotments  made  to  features 
and  increases  as  authorized  on  the  recommendation  for  construction 
and  repair  work  sheets  (Forms  7-681  and  7-686),  and  with  refunds 
of  operation  and  maintenance  collections,  and  should  be  credited 
with  collections  made  for  water-right  operation  and  maintenance 
charges,  revenues,  and  labor  deductions.     Decreases  in  authorized 
work  should  be  entered  as  red  debits  and  deducted  from  debit 
footings.     The  balance,  if  any,  must  always  be  a  credit  balance, 
and  will  show  the  unencumbered  balance  of  the  appropriation. 

Note.— An  abstract  of  credits  to  "Funds  Available," 
showing  the  voucher  number  for  the  entries  for  the  reve- 
nue and  water-right  operation  and  maintenance  collections 
and  labor  deductions  credited  to  this  account,  will  be  sent 
to  the  Director's  and  the  supervising  engineer's  offices  each 
month.  This  abstract  is  to  be  given  the  same  number  as 
the  journal  entry  summary  and  be  registered  in  red  ink  on 
the  Allotment  sheet  (Form  7-680)  under  "Amount,"  and 
the  total  added  to  the  balance. 

(c)  Authorised  work. — This  account  should  be  credited  with  all 
allotments  made  to  features  and  increases  as  authorized  on  the  rec- 
ommendation for  construction    and    repair    work    sheets   (Form 
7-681  and  7-686),  and  should  be  debited  with  amounts  allotted  to 
features   of  work  by  means   of   engineer's   work   orders    (Form 
7-683).     Decreases  in  authorities  should  be  entered  as  red  credits 


AUTHORIZING  WORK  AND  APPORTIONING   FUNDS.  47 

and  deducted  from  credit  footings.  Reversions  in  allotments  should 
be  entered  as  red  debits  and  deducted  from  debit  footings.  The 
balance,  if  any,  must  always  be  a  credit  balance,  and  will  show  the 
authorized  portion  of  work  for  which  engineer's  work  orders  have 
not  been  issued, 

(d)  Alloted  to  Engineer's  Work  Orders. — This  account  should 
be  credited  with  all  allotments  allowed  by  engineer's  work  orders 
issued,  except  numbers  110  to  130,  inclusive,  and  debited  with  all 
expenditures  therefrom,  as  shown  by  the  "Record  of  expenditures 
authorized  by  engineer's  work  orders."     Reversions  of  allotments 
to  engineer's  work  orders  should  be  entered  as  red  credits,  and  de- 
ducted from  credit  footings.     The  balance,  if  any,  should    be    a 
credit  balance,  and  show  the  amount  available  for  expenditure  on 
engineer's  work  orders. 

(e)  Allotted  to  inventories. — This  account  should  be  credited 
with  all  allotments  allowed  by  inventory  work  orders,  Nos.  110  to 
130,  inclusive,  and  debited  with  items  of  "Inventory    accounts" 
(except  "Cash  on  hand"  and  "Estimated  equipment  depreciation") 
and  will  include  "Cost  ledger  inventories"  reported  on  project  bal- 
ance sheet.     Reversions  of  allotments  to  inventory  work  orders 
should  be  entered  as  red  credits  and  deducted  from  credit  footings. 
The  balance,  if  any,  should  always  be  a  credit  balance,  and  show 
the  amount  available  for  increases  in  inventories. 

(f)  Accounts  payable. — This  account  is  provided  so  that    the 
appropriation  books  will  show  the  liabilities  and  permit  of  using 
the  cost  ledger  accounts  for  posting  charges  to  the  record  of  ex- 
penditures authorized  by  engineer's  work  orders.      (See  par.  15, 
II.)     The  balance,  if  any,  should  be  a  credit  balance,  and  show 
the  unpaid  accounts  registered  on  the  project  .books. 

(g)  Cost  adjustments. — This  account  is  to  receive  the  net  re- 
sults of  "Cost  adjustment  accounts"  and  will  include    "Cash    on 
hand"  and  "Estimated  equipment  depreciation."     It  will  also  be 
used  as  a  clearing  account  for  such  items  appearing  in  "Accounts 
Receivable"  which  are  not  eliminated  by  an  analysis  of  collected 
revenues.     No  charge  against  this  account  will  be  made  without 
specific  authority  from  the  Director's  office,  except  those  charges 
resulting  from  losses  in  mess  houses,  mercantile  stores,  hospitals, 
services  of  Government  animals,  cash,  when  taken  up  on  collection 


48  RECLAMATION    SERVICE    MANUAL. 

vouchers,  and  transfers  or  adjustments  of  equipment  inventories 
upon  actual  survey  and  revaluation  when  this  depreciation  is  cred- 
ited to  equipment  in  use.  The  amounts  accumulated  will  remain 
in  the  account  until  a  transfer  is  authorized  to  "Funds  Available" 
by  the  Director's  office.  The  balance,  if  any,  should  always  be  a 
credit  balance,  and  show  the  amount  of  the  reserve  for  purchase  of 
equipment  and  replacement  of  structures,  or  the  amount  of  money 
set  aside  to  provide  for  losses  of  Government  animals  by  death  or 
depreciation,  and  losses  of  the  other  cost  adjustment  accounts. 

(h)  Reimbursable  investment. — This  account  should  be  credited 
with  the  net  expenditures  charged  against  reimbursable  allotment 
accounts,  and  with  refunds  of  building  and  operation  and  mainte- 
nance collections,  and  debited  with  all  reimbursements  of  such  ex- 
penditures received  in  repayment  of  reclamation  water-right  build- 
ing charges,  and  for  collection  vouchers  for  such  revenues  and 
water-right  operation  and  maintenance  collections  as  have  been 
credited  to  "Funds  available."  The  balance,  if  any,  must  be  a 
credit  balance,  and  will  show  the  amount  to  be  collected  in  the  fu- 
ture. 

(i)  Non-reimbursable  investment. — This  account  should  be  cred- 
ited with  the  expenditures  charged  against  non-reimbursable  allot- 
ment accounts.  It  will  receive  no  debits  and  the  credit  balance  will 
equal  the  net  investment  of  the  United  States  and  represent  the  ex- 
tent of  diminution  of  the  appropriation  as  for  townsite  operations 
and  expenditures  from  special  non-reimbursible  appropriations  like 
the  Rio  Grande  dam. 

(j)  Water-right  building  collections. — This  account  will  be 
credited  with  all  water-right  building  charges  collected,  and  debited 
with  all  refunds  of  such  collections.  The  balance  will  be  a  credit 
balance,  and  will  show  the  amount  of  water-right  building  charges 
collected  from  water  users. 

20.  Reports. — Reports  as  listed  below  are  to  be  prepared  and 
forwarded  to  the  Director's  and  supervising  engineer's  office  at  the 
close  of  each  month's  business : 

(a)  Appropriation  balance  sheet. 

(b)  Report  of  expenditures  authorized  by  engineer's  work 
orders  issued  under  an  authority  number. 

(c)  Abstract  of  credits  to  "Funds  Available"  which  will 
include  credits  taken  into  the  accounts  during  the  month  for 


BOOKKEEPING.  49 

collections,  and  labor  deductions  and  any  debits  on  account 
of  refunds  of  operation  and  maintenance  collections  pre- 
viously taken  up. 

A  copy  of  the  report  of  expenditures  authorized  by  engineer's 
work  orders  should  also  be  furnished  the  construction  engineers. 

BONDS  OF  SPECIAL  FISCAL  AGENTS,  PREMIUM  ON. 

The  Act  approved  August  5,  1909  (36  Stat,  125),  contains  the 
following : 

"Until  otherwise  provided  by  law  no  bond  shall  be  ac- 
cepted from  any  surety  or  bonding  company  for  any  officer 
or  employee  of  the  United  States  which  shall  cost  more  than 
35  per  centum  in  excess  of  the  rate  of  premium  charged  for 
a  like  bond  during  the  calendar  year  of  1908 :  Provided, 
that  hereafter  the  United  States  shall  not  pay  any  part  of  the 
premium  or  other  cost  of  furnishing  a  bond  required  by  law 
or  otherwise  of  any  officer  or  employee  of  the  United  States." 

Eighteen  bonds  for  special  fiscal  agents  were  executed  in  1908  by 
surety  companies  upon  which  the  rate  charged  was  one  dollar  per 
thousand.  Therefore,  no  such  bonds  can  be  approved  since  the  Act 
of  August  5,  1909,  on  which  the  premium  is  higher  than  $1.35  per 
thousand,  or,  "35  per  centum  in  excess  of  the  rate  of  premium 
charged  for  a  like  bond  during  the  calendar  year  of  1908."  If  surety 
companies  refuse  to  write  bonds  at  this  rate  or  less  the  special  fiscal 
agents  will  be  required  to  furnish  individual  sureties. 

BOOKKEEPING. 

Account  numbers,  par.  2. 

Bookkeeping  records,  Director's  office,  par.  8. 

Freight  and  handling,  par.  4. 

Incidental  operations,  closing  out,  par.  5. 

Journal  entry  summary,  par.  6. 

Posting  general  classification  book,  par.  3. 

Posting  operating  accounts,  par.  7. 

Scope  of  work,  par.  1. 

(See  also  ACCOUNTS,  CLASSIFICATION  OP.) 


50  RECLAMATION    SERVICE   MANUAL. 

1.  Scope  of  work.— The  accountants  should  have  in  their  pos- 
session not  only  the  principal  results  obtained  by  ordinary  book- 
keeping practice,  but  they  must  have  also  a  thorough  knowledge  of 
the  operations  performed  and  the  conditions  under  which  the  work 
is  being  done.    Experience  has  shown  that  men  of  an  exceptionally 
high  class  both  as  accountants  and  business  men  with  broad  knowl- 
edge of  actual  costs  of  various  classes  of  work  and  of  the  ways  in 
which  economies  can  be  successfully  introduced  are  needed  to  carry 
on  this  work  satisfactorily. 

2.  Account  numbers.— The  first  steps  necessary  to  procure 
and  compile  bookkeeping  data  showing  the  true  status  of  the  con- 
trolling accounts  and  the  true  cost  of  all  features,  are,  first  the  prop- 
er application  of  account  numbers  for  the  various  classes  of  expen- 
diture for  each  feature,  and  second,  the  proper  assembling  of  all 
charges  to  account  numbers,  and  the  posting  of  these  under  the 
proper  captions.     Each  feature  on  a  project  should  have  the  charges 
entering  into  it  classified,  and  each  class  given  an  account  number. 
In  assigning  account  numbers  for  a  feature  begin  with  zero  and  end 
with  a  number  ending  in  nine.   The  same  number  should  never  be 
assigned  to  more  than  one  feature  and  the  numbers  allotted  for  an 
entire  project  should  run  consecutively  and  include  numbers  for  a 
few  blank  classes  under  each  feature.   The  classification  should  not 
be  divided  to  such  an  extent  that  there  may  be  difficulty  in  knowing 
which  number  to  use.    Too  much  refinement  sometimes  destroys  the 
value  of  cost  data  for  practical  use,  and  the  work  necessary  to  keep 
them  in  minute  detail  is  expensive.     When  a  new  feature  is  started 
the  first  account  number  assigned  to  it  should  be  the  one  immediately 
following  the  last  number  previously  used,  in  order  that  the  numbers 
will  come  consecutively  and  in  chronological  order.    After  applying 
account  numbers  to  features,  the  account  number  classifications  for 
all  features  should  be  mimeographed  and  bound  in  books,  and  all 
parties  concerned  with  the  compilation  of  bookkeeping  data  should 
be  furnished  with  copies.    The  account  number  book  should  not  be 
printed,  for  changes  in  account  numbers  and  classifications  are  fre- 
quently necessary.     This  book  is  used  as  an  index  for  charges  to 
feature  accounts.    All  charges  to  features  on  requisitions,  transfers, 
invoices,  etc.,  should  bear  the  account  numbers  to  which  the  articles 
listed  thereon  should  be  charged. 

3.  Posting  general  classification  book. — The  total  charges  to 


BOOKKEEPING.  51 

each  account  number  are  ascertained  by  using  the  general  classifi- 
cation book,  Form  7-822.  Insert  a  sufficient  number  of  leaves  in 
the  binder  to  cover  the  account  numbers  as  shown  in  the  account 
number  book.  Number  serially  all  the  folios  except  the  first,  which 
includes  the  classifications  of  account  numbers  zero  to  nine  inclu- 
sive. Folio  one  will  show  the  distribution  of  account  numbers  ten 
to  nineteen,  inclusive,  folio  forty-five,  of  account  numbers  four 
hundred  fifty  to  four  hundred  fifty-nine,  inclusive,  etc.  In  this  way 
each  account  may  be  readily  found.  In  cases  where  certain 
accounts  are  no  longer  active  by  reason  of  the  completion  of 
the  work  that  they  represent,  pages  for  them  may  be  omitted. 
All  items  of  cost  should  be  distributed  in  this  book.  The  book- 
keeper should  add  the  amounts  of  requisitions  received  each  day 
at  the  project  office  to  find  the  total  issues  from  each  storehouse. 
He  should  credit  each  storehouse  on  a  supplementary  sheet,  Form 
7-823,  inserted  in  the  front  of  the  general  classification  book  with 
the  total  amount  of  its  issues,  and  should  post  the  charges  in  the. 
general  classification  book  to  the  various  account  numbers  indicated 
on  ttfe  requisitions.  Direct  charges  of  invoices  for  material  and  sup- 
plies are  entered  in  the  same  manner,  and  unpaid  purchases  credited 
on  the  supplementary  sheet.  Invoices  receipted  by  storehouse  clerks 
and  others  in  charge  of  receiving  departments  should  be  credited  on 
the  book  and  the  receiving  departments  charged  under  the  proper 
captions  on  the  supplementary  sheet.  All  direct  charges  from  the 
voucher  register  should  be  entered  under  the  proper  account  num- 
bers and  the  totals  entered  on  the  supplementary  sheet.  The  time- 
book  recapitulations  of  labor  earnings  should  be  posted  in  the  same 
book. 

4.  Freight  and  handling. — After  all  postings  have  been  made 
in  this  book,  a  percentage  should  be  added  to  all  miscellaneous  is- 
sues, to  cover  freight  and  handling,  unless  the  charge  for  freight  is 
directly  included  in  the  cost  of  articles  as  shown  on  the  requisitions. 
On  large  items  of  material,  such  as  cement,  lumber  and  coal,  on 
which  the  freight  is  known,  the  actual  freight  charges  plus  a  small 
percentage  for  handling  should  be  added  to  the  issues.  The  several 
amounts  so  added  to  all  issues  should  be  totaled  and  this  amount 
should  be  credited  to  the  freight  and  handling  account  on  the  supple- 
mentary sheet.  Transfers  from  one  feature  account  to  another 
should  be  recorded  in  this  book,  using  red  ink  for  the  credit  entry. 
In  this  way  much  journalizing  may  be  saved. 


52  RECLAMATION    SERVICE    MANUAL. 

5.  Closing  out  incidental  operations.— After  all  the  primary 
postings  have  been  made  to  the  general  classification  book,  all  in- 
cidental operating  accounts  such  as  corrals,  power  houses,  shops,  etc., 
should  be  closed  put  and  the  proper  charges  made  to  the  account 
numbers  receiving  the  benefit.     In  charging  out  corrals,  first  add 
all  the  charges  against  each  particular  corral  in  the  general  classifi- 
cation book.     Add  to  this  total  the  inventory  on  hand  on  the  first 
of  the  month  and  from  this  sum  subtract  the  inventory  on  hand  on 
the  last  of  the  month.     The  remainder  will  represent  the  net  cost, 
which  should  be  charged  to  the  general  ledger  account,  "Services 
of  government  animals."     A  few  supplementary  sheets  should  be 
inserted  in  the  back  of  the  general  classification  book  and  power 
plants  credited  in  red  ink  figures  with  the  total  distributions  to 
features  benefited.     The  expense  of  operating  shops,  etc.,  is  charged 
to  account  numbers  in  the  general  classification  book  from  reports 
submitted  by  shop  clerks.     The  total  distributions  should  be  en- 
tered on  a  supplementary  sheet  as  explained  above.     All  charges 
for  depreciation  on  equipment  in  use  and  for  the  services  of  gov- 
ernment animals  should  be  recorded  in  this  book.     In  short,  all 
charges  to  feature  accounts  of  every  description  are  summarized 
and  balanced  in  this  book  before  any  further  postings  are  made. 
After  all  postings  have  been  made  to  the  general  classification  book, 
Ihe  totals  posted  on  the  supplementary  sheets  in  the  front  of  the 
book  should  equal  the  total  postings  by  account  numbers,  taking  into 
consideration,  of  course,  the  credits  on  the  supplementary  sheets  in 
the   back   of   the   book.     (See    also    GENERAL    CLASSIFICATION 
BOOK.) 

6.  Journal  entry  summary. — After  the  classification  book  has 
been  balanced,  Form  7-824  should  be  prepared.     All  of  the  regular 
business  during  the  month  should  be  journalized  on  this  sheet  not- 
ing in  the  reference  column  the  source  from  which  the  entry  arises, 
as  time  book  distribution,  storehouse  issues,  voucher  register,  in- 
voice register,  etc.     In  the  space  for  the  title  of  the  account  enter 
the  general  ledger  names  of  the  accounts  affected,  and  carry  the 
amounts,  debit  and  credit  to  the  appropriate  column  under  the  title 
"General  Ledger."     Whenever  a  journal  entry  contains  a  debit  or 
credit  to  either  of  the  cost  ledgers  carry  the  amount  of  same  to  the 
appropriate  debit  or  credit  column  under  the  title  "Cost  Ledger." 
When  all  business  for  the  month  has  been  journalized,  total  all  of 
the  columns  and  bring  each  of  the  cost  ledger  subdivisions  to  bal- 


BOOKKEEPING.  53 

ance  by  entering  the  necessary  amount.  Post  all  debits  and  credits 
in  the  general  ledger  column,  except  those  affecting  the  cost  led- 
gers and  post  to  the  general  ledger  cost  ledger  controlling  accounts 
the  amounts  entered  to  balance  the  respective  cost  ledger  subdi- 
visions. The  total  charges  to  account  numbers  are  next  posted  to 
the  cost  ledger,  Form  7-830,  which  is  similar  in  arrangement  to  the 
general  classification  book. 

7.  Posting  operating  accounts. — After  all  postings  have  been 
made  and  the  cost  ledger  balanced  with  the  general  classification 
book,  all  operating  accounts  should  be  closed  out.  Corrals,  power 
houses,  shops,  etc.,  should  receive  credit  for  the  total  red  ink  credits 
appearing  on  the  supplemental  sheets  in  the  back  of  the  general 
classification  book.  Mess  houses  should  be  credited  with  the  value  of 
meal  tickets  redeemed,  with  pay-roll  deductions  on  account  of  meals 
served  (when  meal  tickets  are  not  used),  with  cash  collections,  and 
with  meals  served  to  "deadheads"  for  which  no  charge  is  made.  The 
inventory  on  hand  the  last  day  of  the  month  is  then  inserted  and  the 
account  closed  out  to  mess  house  net  results,  a  general  ledger  ac- 
count, using  for  this  transaction  a  journal  voucher,  Form  7-821. 
General  expense,  which  should  include  all  expenditures  of  a  general 
nature  that  cannot  be  charged  directly  to  any  other  account,  may  be 
charged  out  to  the  various  features  under  construction  at  the  time 
their  expense  is  incurred,  or  it  may  be  left  to  accumulate  as  a  feat- 
ure of  the  whole  project.  It  is  impossible  to  lay  down  definite  rules 
in  regard  to  the  proper  percentage  to  be  used  on  all  the  projects  as 
local  conditions  should  be  taken  into  consideration.  The  bookkeeper 
and  chief  clerk  should  work  out  a  table  to  be  used  as  a  basis  for 
charging  out  this  expense,  submitting  it  to  the  project  manager  for 
approval  before  putting  it  into  effect.  The  cost  of  operating  the 
mercantile  stores  should  be  charged  to  the  mercantile  stores  stock 
account.  All  producing  departments  should  be  debited  with  the  total 
monthly  cost  of  their  operation  and  the  prices  to  be  charged  features 
for  articles  or  materials  produced  by  such  departments  shall  be  de- 
termined by  considering  these  expenses  in  conjunction  with  the 
quantities  manufactured.  Feature  accounts  maintained  for  the  bene- 
fit of  other  features,  such  as  maintenance  and  sanitation  of  camps, 
fire  protection,  etc.,  should  be  charged  out  periodically  to  the  feat- 
ures receiving  the  benefit.  All  transfers  from  one  account  to  an- 
other should  be  handled  on  the  journal  voucher,  Form  7-821,  in  or- 
der that  there  may  always  be  a  complete  record  of  these  transactions. 


54  RECLAMATION    SERVICE   MANUAL 

8.  Bookkeeping  records,  Director's  office.— The  bookkeeping 
records  covering  expenditures  incurred  in  the  Director's  and  Chi- 
cago offices  and  those  incurred  in  the  field  not  directly  chargeable 
to  any  project,  are  handled  in  the  Director's  office  in  the  same  man- 
ner as  similar  records  covering  project  expenditures  are  handled 
in  project  offices.  Monthly  feature  reports  and  balance  sheets  are 
prepared  and  sent  to  the  accounting  section  at  the  end  of  each 
month. 

BOOKS,  PURCHASE  OF,  IN  THE  FIELD. 

The  purchase  of  legal  and  technical  books  in  the  field  has  never 
been  generally  authorized.  No  such  purchases  will  be  allowed  ex- 
cept in  pursuance  of  prior  authorization  from  the  Director,  and  a 
copy  of  such  authorization  must  accompany  each  voucher  covering 
such  purchase.  The  policy  of  the  Department  has  been  opposed 
to  authorizing  subscriptions  for  local  papers  or  the  purchase  of  ex- 
tra copies  under  ordinary  circumstances. 

CASH  PAYMENTS. 

The  carrying  of  cash  is  to  be  discouraged  wherever  such  practice 
is  not  absolutely  necessary.  Payment  can  in  almost  all  instances  be 
made  by  check  by  the  special  fiscal  agent.  If,  however,  circum- 
stances require  payment  in  cash  authority  can  be  secured  to  carry 
cash  for  that  purpose.  Such  authority  is  granted  by  the  Secretary 
of  the  Treasury  upon  request  of  the  Secretary  of  the  Interior.  (See 
Section  3620,  Revised  Statutes.)  Receipts  for  cash  payments 
must  be  presented  to  the  special  fiscal  agent  or  his  deputy  in  accord- 
ance with  Sec.  3620  R.  S.,  and  as  per  paragraph  5  of  Treasury 
Department  circular  No.  52,  payment  must  be  made  at  the  same 
time  and  not  through  a  second  party,  as  these  receipts  are  not 
negotiable. 

CEMENT. 

Checking  shipments,  par.  2. 

Purchases,  par.  1. 

Sale  of  cement  and  lumber  to  water  users,  par.  5. 

Sacks,  accounting  for,  par.  4. 

Sacks,  care  and  return  of,  par.  3. 


CEMENT.  55 

1.  Purchases. — All  purchases   of  Portland   cement    will  be 
made  by,  and  all  correspondence  regarding  cement  should  be  ad- 
dressed to,  the  cement  expert,  whose  address  will  be  found  in  the 
"Reclamation  Record."     Owing  to  the  fact  that  the  lowest  prices 
for  cement  can  usually  be  secured  during  the  early  winter  it  is  de- 
sirable, as  a  matter  of  general  practice,  to  open  proposals  as  soon 
as  practicable  after  the  first  of  the  calendar  year  covering  the  re- 
quirements of  the  ensuing  construction  season.     At  the  close  of  the 
year  engineers  should  estimate  as  nearly  as  possible  what  amount  of 
cement  will  be  required  on  their  work  during  the  following  season 
in  order  that  arrangements  may  be  made  to  issue  advertisements 
covering  the  requirements  of  all  projects  as  soon  as  allotments  are 
made  for  the  year.     Instructions  will  be  issued  each  year  from  the 
Director's  office  indicating  to  whom  estimates  should  be  forwarded 
and  response  should  be  prompt  to  insure  the  award  of  contract  far 
enough  in  advance  of  shipments  to  give  time  for  28-day  tests. 

2.  Checking  shipments. — All  cement  shipments  under  Recla- 
mation Service  contracts  are  made  under  the  supervision  of  a  rep- 
resentative of  the  Service  at  the  plant,  a  part  of  whose  duties  it  is 
to  check  the  count  of  sacks  in  each  car  and  seal  cars  with  U.  S.  R.  S. 
seals.     The  Cement  Expert's  office  should  be  notified  of  any  cars 
arriving  at  destination  unsealed.     He  should  also  be  notified  of  any 
shortage  in  count  of  sacks  which  may  be  found  after  same  has  been 
carefully  checked  on  arrival  at  destination.     The  cement  company 
should  also  be  notified  of  such  shortage  on  the  cards  provided  for 
this  purpose  in  each  car  shipped. 

3.  Sacks,  care  and  return  of. — The  cement  contracts  of  the 
Reclamation  Service  provide  for  payment  of  10  cents  by  the  Gov- 
ernment to  the  manufacturer  for  each  sack  not  returned  in  service- 
able condition.     Record  should  be  kept  of  the  disposal  of  each  sack 
of  cement,  whether  used  by  the  United  States  or  furnished  to  con- 
tractors, in  order  that  proper  accounting -may  be  made  with  the  con- 
tractors after  the  completion  of  shipments.     Precautions  should  be 
taken  to  prevent  careless  handling  of  cement  sacks,  either  by  em- 
ployees of  the  service  or  by  contractors.     They  shou!4  not  be  used 
for  any  purpose  after  emptying  if  they  are  to  be  returned,  and 
when  empty  they  should  be  well  shaken  and  stored  in  a  place  where 
they  will  be  properly  protected,  awaiting  the  accumulation  of  a 
sufficient  number  to  justify  their  return  to  the    manufacturers. 
Contractors  receiving  cement  in  sacks  from  the  United  States  for 


56  RECLAMATION    SERVICE    MANUAL. 

use  in  their  work  should  be  advised  in  writing  that  they  will  be 
charged  10  cents  for  every  sack  not  returned  in  serviceable  condi- 
tion. Consignments  of  sacks  received  from  contractors  should  be 
at  once  examined  and  checked  with  the  record  of  cement  furnished 
and  the  contractor  should  be  advised  in  writing  of  any  charge  to 
be  made  on  account  of  sacks  lost  or  returned  in  bad  condition. 
Sacks  so  charged  on  account  of  bad  condition  should  be  held  avail- 
able for  examination  until  the  charge  has  been  properly  adjusted. 
As  soon  as  possible  after  the  last  delivery  of  cement  under  a  con- 
tract, all  sacks  in  serviceable  condition  should  be  securely  tied  in 
bundles  or  bales,  in  accordance  with  the  shipping  requirements  of 
the  railroads,  and  returned  by  freight  to  the  manufacturer  at  the 
shipping  point  mentioned  in  the  contract.  The  bundles  or  bales 
should  be  marked  by  tags  of  strong  texture  securely  attached  and 
plainly  addressed,  upon  which  is  indicated  the  number  of  sacks  in 
the  bundle.  Information  concerning  the  number,  condition  and 
shipment  of  sacks  should  be  sent  to  the  transportation  agent  and 
copy  to  the  cement  expert.  Manufacturers  have  complained  that 
sacks  of  other  companies  have  been  returned  to  them  and  that 
many  sacks  were  returned  in  bad  condition.  In  order  to  obviate 
disagreements  on  this  ground,  all  shipments  of  cement  sacks  should 
be  checked  by  a  representative  of  the  Reclamation  Service  before 
being  returned  to  the  manufacturer  and  carefully  inspected  by  him 
to  determine  the  ownership  and  serviceability  of  the  sacks,  and 
record  should  be  kept  of  the  result  of  such  counting  and  inspection. 
4.  Sacks,  accounting  for. — If  the  entire  amount  of  cement 
covered  by  a  contract  is  shipped  to  a  single  project,  that  project 
should  correspond  with  the  cement  company  and  prepare  vouchers 
for  the  value  of  the  sacks  not  returned.  If  shipments  are  made  to 
two  or  more  projects  under  one  contract,  reports  of  the  number  of 
sacks  returned  from  each  project  should  be  made  to  the  cement  ex- 
pert at  Denver,  Colorado,  who  will  prepare  the  necessary  voucher 
to  reimburse  the  cement  company  for  sacks  not  returned.  A  record 
should  be  kept  on  Liability  Record  cards,  Form  7-716,  showing  the 
number  of  sacks  of  each  brand  received  and  returned  to  the  cement 
company.  Each  month  as  cement  is  received  the  number  of  sacks 
and  value  of  same  should  be  credited  to  the  company  and  carried  in 
Unpaid  Miscellaneous.  As  the  sacks  are  returned  to  the  company 
the  Unpaid  Miscellaneous  account  should  be  debited  and  the  corre- 


CEMENT.  57 

spending  inventory  credited.  When  settlement  is  finally  made  by 
paying  the  company  for  the  sacks  not  returned  the  liability  account 
'will  be  closed  out  and  the  value  of  the  sacks  purchased  will  remain 
in  the  inventory  account,  unless  destroyed  or  used  in  connection 
with  the  work,  in  which  case  the  inventory  account  should  be  re- 
lieved and  the  cost  ledger  feature  debited  with  the  value  of  the  sacks 
destroyed  or  not  returned.  If  the  cement  is  turned  over  to  the  local 
contractor  to  be  used  on  the  work  and  failure  to  return  the  sacks 
is  due  to  the  contractor's  use  of  same,  his  account  should  be  charged 
with  their  value  and  proper  deduction  made  from  contract  estimates 
of  the  amount  due  for  work  performed. 

5.  Sale  of  cement  and  lumber  to  water  users. — As  a  matter  o 
economy  of  water  and  of  the  best  development  of  the  country,  to  en- 
courage the  water  users  to  employ  cement  in  building  the  structures 
for  handling  water  on  the  farm,  in  lining  farm  ditches,  and  any 
other  works  having  to  do  with  the  distribution  of  water  to  the  fields 
and  orchards,  the  Secretary  of  the  Interior,  in  a  letter  dated  Decem- 
ber 14,  1911,  granted  authority  for  the  sale  of  cement  and  lumber 
by  the  Service  to  water  users  on  its  projects,  upon  the  following 
terms  and  conditions : 

"Hereafter  you  are  authorized  to  sell  cement  and  lumber 
from  the  warehouses  of  the  Reclamation  Service  to  water 
users  on  Reclamation  projects  in  the  vicinity,  to  be  consumed 
on  their  respective  farms  in  building  and  repairing  structures 
for  the  beneficial  use  of  water  delivered  through  Government 
canals  for  the  irrigation  of  such  farms,  and  in  lining  farm 
ditches  and  any  other  works  having  to  do  with  the  distribu- 
tion of  such  water.  Such  sales  should  be  made  at  cost,  in- 
cluding freight  and  overhead  charges;  the  cost  should  be 
carefuly  estimated  so  as  to  preclude  the  possibility  of  any  loss 
to  the  Reclamation  fund. 

Inasmuch  as  the  said  use  of  the  materials  to  be  thus  sold  is 
in  effect  an  enlargement  and  perfection  of  the  projects  con- 
structed by  the  Government,  I  consider  that  sales  under  the 
restrictions  herein  set  forth  do  not  enter  into  the  field  of  pri- 
vate enterprise  and  therefore  cannot  properly  be  objected  to 
as  Governmental  competition  with  private  capital." 

Under  Department  authority  of  July  1,  1912,  the  foregoing  au- 
thorization was  extended  to  embrace  the  sale  of  cement,  lumber, 
vitrified  pipe  and  other  building  materials  for  use  in  the  construc- 
tion or  repair  of  tanks  for  storage  of  water,  and  bridges  over  canals 


58  RECLAMATION    SERVICE    MANUAL. 

and  farm  laterals,  or  culverts  taking  the  place  of  bridges,  where 
such  structures  are  to  be  constructed  and  used  by  individual  land 
owners  or  by  water  users'  associations  under  the  various  projects, 
in  connection  with  the  beneficial  use  of  water  supplied  through  the 
Government  canals  for  irrigation  purposes,  and  in  the  operation  and 
maintenance  of  their  individual  holdings.  No  building  material 
shall  be  sold  for  use  by  public  officers  in  the  construction  or  repair 
L  of  bridges  or  culverts  on  public  highways,  or  for  other  public  works. 

CHARGES. 

1.  For  operation  and  maintenance. — The  Reclamation  Act 
does  not  make  it  a  mandatory  duty  of  the  Secretary  of  the  Interior 
to  assess  operation  and  maintenance  charges  against  unentered  land 
within  a  reclamation  project,  but  he  has  authority  to  do  so  and  he 
has  also  sole  authority  to  determine  the  time  when  such  charges 
may  be  assessed.     (Secretary,  April  4,  1910;  North  Platte  project, 
Nebraska- Wyoming. ) 

2.  Construction. — The  term  "construction  charges"  includes 
the  entire  charges  referred  to  in  the  public  notices  issued  in  pur- 
suance of  Section  4  of  the  Reclamation  Act,  they  being  the  building 
and  operation  and  maintenance  charges  as  set  forth  in  such  no- 
tices, including  charges  for  drainage,  if  any,  and  betterment  charges 
as  provided  for  in  sec.  3  of  the  Act  of  August  9,  1912  (37  Stat., 
265.) 

CHICAGO  OFFICE,  FUNCTIONS  OF. 

The  functions  of  the  Chicago  office  are  confined  to 

(a)  Transportation  matters  in  general.      (See  TRANSPORTATION 
OF  COMMODITIES.) 

(b)  Purchasing  of  such  supplies  and  materials  as  in  the  opinion 
of  the  supervising  engineers  and  project  managers  can  be  secured 
through  the  said  office  at  a  saving  to  the  Government.     In  this  con- 
nection the  facilities  of  the  Chicago  office  should  be  utilized  when- 
ever possible. 

(c)  Expediting  shipments  of  supplies  and  materials,   and  re- 
lated matters. 

(d)  Notifying  all  projects  of  property  available  for  transfer. 
(See  PROPERTY.) 


CLAIMS   AND   ACCOUNTS.  59 

CIRCULARS  ISSUED  IN  FIELD. 

No  circulars  shall  be  issued  in  the  field  for  general  use  in  reply 
to  inquiries  until  after  they  have  been  examined  and  approved  by 
the  Director.  Drafts  of  circulars  that  it  is  desired  to  issue  for  this 
purpose  should  be  submitted  to  the  Director  before  issuance. 

CLAIMS  AND  ACCOUNTS. 

A  distinction  should  be  noted  between  claims  and  accounts.  A 
claim  is  any  demand  against  the  Government  for  which  payment  is 
asked.  Claims  are  divided  into  two  classes,  liquidated  and  un- 
liquidated. A  liquidated  claim  is  one  about  which  there  is  no  ques- 
tion of  the  amount  of  liability,  and  that  it  was  under  a  previous 
agreement,  written  or  oral;  unliquidated,  where  there  is  uncer- 
tainty because  of  want  of  evidence  of  the  performance  of  the 
agreement,  or  insufficient  data  to  determine  the  amount  of  the  claim. 
The  special  fiscal  agent  may  pay  such  claims  of  the  first  class  as 
the  engineer  is  authorized  to  incur  providing  such  claims  are  other- 
wise correct.  Claims  of  this  class  which  he  should  not  pay  are 
those  for  freight  and  express  on  Government  bill  of  lading,  those 
requiring  the  approval  of  superior  officers,  as  the  monthly  esti- 
mates, on  contracts  for  construction  where  the  contracts  provide 
for  the  approval  of  the  Director,  and  claims  for  newspaper  adver- 
tising. He  should  usually  not  make  payments  under  contracts  pro- 
viding for  partial  payments  from  month  to  month,  or  if  a  payment 
is  made  under  such  a  contract,  then  all  of  the  payments  under  that 
contract  should  be  made  by  the  same  special  fiscal  agent.  Where  a 
claim  has  been  paid  by  a  special  fiscal  agent  it  becomes  a  voucher 
in  his  account.  An  account,  in  the  limited  »sense  applied  to  it  by  the 
Treasury  officials,  is  a  statement  of  the  transactions  of  special  fiscal 
agents,  either  disbursing  or  collecting,  showing  the  receipts  and  ex- 
penditures, both  of  which  are  to  be  supported  by  paid  claims  or 
vouchers,  and  other  information  sufficient  to  enable  a  complete 
/xaudit  to  be  made.  (See  also  SPECIAL  FISCAL  AGENTS,  par.  79.) 

^ CLASSIFICATION  OF  EXPENDITURES  AND  COLLEC- 
TIONS. 

Special  Fiscal  Agents'  abstracts  of  disbursements  and  abstracts 
of  collections  shall  show  the  classification  of  amounts  paid  out  and 
~    collected  by  the  use  of  the  titles  indicated  below: 

o 


60  RECLAMATION    SERVICE    MANUAL. 

1.  Disbursement  vouchers. 

(a)  Job  work. — For  payments  upon  written  or  oral  contracts 
where  work  is  done  by  the  job,  excepting  purchase  contracts  which 
will  be  included  under  head  of  "purchases." 

(b)  Miscellaneous  services. — For  power,  heat,  light,  rent,  tele- 
graph, telephone,  advertising,  abstracting,  recording,  blacksmithing, 
etc. 

(c)  Services. — Salaries,  wages,  men  with  teams  or  horse  hire 
not  classed  as  livery,  etc. 

(d)  Travel. — All  passenger  transportation  upon  railroads,  sleep- 
ing and  parlor  cars,  stages,  livery  hire,  subsistence,  lodging  or  per 
diem  in  lieu  thereof,  miscellaneous  traveling  expenses,  etc. 

(e)  Purchases. — Equipment,  materials,  and  supplies,  including 
machinery,  wagons,  tools,  animals,  furniture,  cement,  lumber,  steel, 
fuel,  subsistence,  forage,  etc. 

(f )  Real  estate. — For  lands,  canals,  rights  of  way,  etc. 

(g)  Freight. — Railroad,  wagon,  express,  drayage,  etc. 
(h)   Over  collection. — All  refundments  to  payees. 

2.  Collection  vouchers. 

(a)  Sales. — At  stores,  messes,  auction,  or  otherwise. 

(b)  Miscellaneous  service. — For  power,  heat,  light,  transporta- 
tion, job  services,  rentals  of  lands,  building,  etc. 

(c)  Rentals. — Irrigation  water  upon  contracts  or  otherwise. 

(d)  Freight  refunds. — Contractors  and  other  freight. 

(e)  Real  estate. — For  lands,  canals,  rights  of  way,  etc. 

(f)  Forfeitures. — By  defaulting  bidders  and  contractors. 

(g)  Building  charges.— Upon  water-right  applications. 

(h)   Operation  and  maintenance    charges. — Upon    water-right 
applications. 

(i)   Over  disbursements. — All  repayments  from  payees. 

CLIPPINGS. 

Folding  and  fastening,  par.  4. 
Marking  for  identification,  par.  3. 
Mounting  clippings,  par.  2. 
News  items  desired,  par.  5. 
Uniform  system  of  handling,  par.  1. 

1.  Uniform  system  of  handling.— In  order  to  facilitate  the 
handling  and  filing  of  newspaper  clippings,  especially  when  refer- 


COU,ECTIONS  61 

ence  is  made  to  these  in  letters,  it  is  desirable  to  adopt  a  uniform 
system. 

2.  Mounting  clippings. — Instead  of  sending  marked  copies  of 
newspapers  to  the  Washington  office,  it  is  preferable,  if  the  item  is 
short,  to  cut  it  from  the  paper  and  mount  it.     Use  for  this  purpose 
sheets  of  uniform  letter  size,  viz :  8  x  10^  inches,  taking  the  least 
expensive  paper  at  hand,  such  as  the  ordinary  typewriting  second 
sheets,  or  the  unheaded  block  letter  paper,  furnished  for  field  use. 
Mount  all  ordinary  clippings,  if  long  enough,  in  two  vertical  col- 
umns, putting  the  left  column  one  and  one-half  inches  from  the  left 
margin  of  the  sheet  in  order  to  leave  space  for  binding  if  desired. 
If  the  item  is  long  enough  for  only  one  column,  paste  it  on  the 
right  side,  leaving  a  space  of  about  three-fourths  of  an  inch  from 
the  edge. 

3.  Marking  for  identification. — Put  the  name  of  the  paper 
and  date  in  the  lower  right  corner  beneath  the  article.     If  a  sub- 
ject is  given,  write  it  on  the  upper  margin  of  the  sheet.     If  the  clip- 
ping is  too  long  to  go  on  one  side  of  a  sheet,  it  can  be  continued  on 
the  other  side. 

4.  Folding   and   fastening. — Lengthy    clippings    which    will 
necessitate  considerable  time  or  labor  in  mounting  in  this  way  can 
usually  be  attached  on  the  margin  of  a  piece  of  paper  of  the  size 
designated  and  then  folded  so  that  the  resulting  shape  will  be  that 
of  an  ordinary  letter  sheet.     Attach  all  such  mounted  clippings  by 
pinning  or  fastening  the  sheets  in  the  upper  left  corner  to  the  letter 
of  transmittal.     Where  desirable  underscore  words  or  phrases  in 
the  clipping  in  order  to  call  particular  attention  to  the  points  dis- 
cussed in  the  letter. 

.  5.  News  items  desired. — It  is  desirable  to  call  to  the  attention 
of  the  Washington  office  any  item  of  news  such  as  meetings  of  the 
water  users'  associations,  or  other  discussions  which  bear  upon  the 
work  in  hand,  and  where  these  can  be  mounted  and  attached  to  the 
letters  of  transmittal,  they  can  be  readily  handled  and  filed  with  the 
letter  without  danger  of  loss  or  confusion. 

COLLECTIONS. 

Accounting  for  collections,  par.  11. 

Bills  for  collection  of  miscellaneous  items,  par.  10. 

Cash  Book,  par.  3. 


62  RECLAMATION    SERVICE    MANUAL. 

Checking  Cash  Book  entries,  par,  6. 

Collection  numbers,  par.  5. 

Entries  in  Cash  Book,  par.  4. 

General,  par.  1. 

Register  of  Collections  and  Transfers  received,  entries  on,  par.  9. 

Remittances,  par.  7. 

Schedule  of  Collections,  par.  8. 

Verification  before  collection,  par.  2. 

1.  General. — The    system    of    handling    collections    in    the 
Reclamation  Service  is  described  below.     The  serial  numbers  to 
be  used  on  collection  documents  will  be  assigned  in  order.     On 
July  1  of  each  year  a  new  series  of  collection  numbers  will    be 
adopted  by  each  special  fiscal  agent. 

2.  Verification  before  collection. — The  system  requires  the 
presentation  of  all  bills  to  a  clerk  for  verification  before  collection. 
This  clerk  may  be  the  chief  clerk,  a  bookkeeper  or  a  bill  clerk,  de- 
pending upon  the  office  organization.     The  project  manager  should 
designate  a  clerk  or  clerks  to  act  in  this  capacity.    When  the  person 
owing  money  makes  remittance  or  calls  at  the  office  to  make  pay- 
ment the  verification  clerk  should  draw  from  the  files  the  appro- 
priate bill.     If  any  changes  in  amount  are  to  be  made  in  the  way 
of  reduction  or  of  addition  of  interest  or  other  items,  these  should 
be  made  in  the  proper  space  and  the  document  given  a  collection 
number,  the  fiscal  year  noted,  and  the  amount  to  be  collected  en- 
tered.    It  should  then  be  signed  by  the  verification  clerk  and  handed 
to  the  special  fiscal  agent.     The  special  fiscal  agent  should  receive 
the  money,  sign  the  receipt  and  acknowledgment  forms,  make  the 
entries  in  the  cash  book,  and  deliver  or  mail  the  receipt  to  the  per- 
son making  payment. 

3.  Cash  book. — The  cash  book  is  a  part  of  the  project  records 
the  same  as  any  other  book  kept  on  the  projects,  and  is  not  to  be 
carried  about  from  project  to  project  by  special  fiscal  agents.     The 
special  fiscal  agent  assigned  to  a  project  will  use  the  cash  book  for 
that  project.     When  special  fiscal  agents  are  transferred  the  new 
special  fiscal  agent  will  use  the  same  cash  book,  beginning  on  a  new 
page  with  his  own  series  of  collection  numbers  which  should  be 
certified  by  the  project  manager  of  the  project  from  which  he  is 
transferred. 


COLLECTIONS  63 

4.  Entries  in  cash  book. — All  entries  in  this  book  should  be 
made  at  the  time  the  transaction  takes  place.     Cash  received  should 
be  entered  in  the  cash  book,  either  immediately  before  signing  the 
receipt  or  else  immediately  before  putting  the  cash  received  in  the 
safe. 

5.  Collection  numbers. — Collection  numbers  should  be  en- 
tered in  serial  order  and  every  number  should  be  accounted  for  on 
the  collection  abstract  (Form  7-405.)     If  a  number  is  assigned  to 
collection  papers  by  the  verification  clerk  and  collection  is  not  sub- 
sequently made  for  any  reason,  the  special  fiscal  agent  should  re- 
tain possession  of  the  documents  and  call  the  matter  to  the  atten- 
tion of  the  verification  clerk  at  the  first  opportunity,  so  that,  if  pos- 
sible, the  number  set  aside  for  this  transaction  may  be  used  for 
another  collection  during  that  day.     If  it  cannot  be  so  used  during 
that  day  and  other  collections  are  made  later  in  the  day  the  number 
should  remain  on  the  cash  book  in  its  proper  order  with  a  nota- 
tion "Collection  Not  Made."     This  memorandum  should  be  signed 
or  initialed  by  the  special  fiscal  agent  and  the  verification  clerk. 

6.  Checking  cash  book  entries. — Periodically,  the  cash  book 
entries  should  be  checked  by  the  verification  clerk.     In  order  to 
make  an  independent  check  of  these  entries  he  should  keep  a  memo- 
randum of  the  serial  numbers  assigned  by  him  and  the  amounts 
collectible  on  each.     This  verification  should  be  made  daily,  weekly, 
or  at  ten-day  periods,  dependent  upon  the  volume  of  collections. 
The  verification  should  be  specific  as  to  collection  numbers,  amounts, 
and  dates.     It  should  be  evidenced  by  a  notation  in  ink  at  some 
convenient  place  on  the  cash  book  page.     A  suggested  form  is  as 
follows : 

"Serial  numbers,  amounts,  and  dates  verified, 

Nos to    inclusive." 

This  should  be  dated  and  signed  or  initialed.  Cash  on  hand  should 
be  counted  by  the  special  fiscal  agent  in  the  presence  of  some  other 
project  employee  who  should  "O.  K."  the  amounts  by  initialing  the 
balance  shown. 

7.  Remittances. — All  money  received  must  be  turned  over 
to  the  special  fiscal  agent  at  once,  to  be  disposited  by  him  each  day 
if  his  depository  for  collections  is  in  the  town  where  the  project 


64  RECLAMATION   SERVICE    MANUAL. 

office  is  located.  If  the  depository  is  in  another  town,  the  special 
fiscal  agent  must  make  deposits  frequently!  Risk  must  not  be 
taken  by  keeping  large  sums  of  cash  in  the  office.  Negotiable  pa- 
per must  be  put  in  course  of  collection  before  the  close  of  the  bank- 
ing day  following  its  receipt.  Failure  to  do  so  will  release  prior 
endorsers.  This  class  of  collections  should  be  endorsed  and  sent 
by  registered  mail  or  by  express  direct  to  the  depository. 

8.  Schedule  of  collections  (Form  7-405).— These  schedules 
are  to  be  used  to  list  the  collection  transactions.  The  last  page 
should  contain  a  certificate  signed  by  the  chief  clerk  or  project  man- 
ager as  follows : 

"This  schedule  has  been  compared  with  the  cash  book  on 
this  project  and  it  reports  all  serial  numbers  assigned  and 
the  amounts  collected  as  they  appear  therein. 

Signed  > 

Title   " 

The  schedule  of  collections  should  be  written  in  double  space  on 
the  typewriter.  Each  column  of  the  schedule  should  be  totaled 
and  the  amount  carried  forward  to  the  succeeding  pages  with  the 
totals  at  the  end.  Special  fiscal  agents  should  prepare  monthly 
schedules  in  quadruplicate,  one  for  the  Auditor,  one  for  the  Di- 
rector's office,  one  for  the  project  office  and  one  for  the  special 
fiscal  agent's  records. 

9.  Register  of  collections  and  transfers  received,  entries  on. 
—The  amounts  of  collections  represented  by  the  schedule  should 
be  carried  to  the  register  of  collections  and  transfer  vouchers  is- 
sued in  summary  totals  where  possible.  This  can  be  done  by 
analyzing  the  cash  book  entries.  The  total  amount  will  be  entered 
in  the  column  "Collection  vouchers"  and  distributed  to  appropriate 
columns.  This  should  be  accomplished  by  the  use  of  a  blanket 
voucher  giving  an  analysis  of  the  amounts  collected,  the  inclusive 
dates  and  collection  numbers  and  memorandum  copies,  if  any, 
should  be  attached.  Collections  made  by  special  fiscal  agents  lo- 
cated in  other  offices,  as  the  Director's  office,  will  be  represented 
by  separate  memorandum  copies  of  bill  for  collection  and  should 
be  given  project  numbers  and  entered  separately  in  the  Collection 
Voucher  Register. 

10.  Bills  for  collection  of  miscellaneous    items. — Miscellan- 


COLLECTIONS  65 

eous  bill  for  collection  (Form  7-460)  is  printed  in  three  folds,  per- 
forated so  that  at  one  writing  a  copy  can  be  made  which  will  be 
receipted  upon  collection  by  the  special  fiscal  agent  and  given  to  the 
debtor,  one  copy  will  bear  the  special  fiscal  agent's  acknowledgment 
of  the  receipt  of  the  money  and  will  support  his  schedule  of  collec- 
tions, to  be  transmitted  to  the  Auditor's  office,  and  one  copy  on 
Form  7-460b  will  accompany  the  schedule  and  become  a  part  of 
the  records  in  the  Director's  office.  If  desired,  additional  copies 
of  Form  7-460b  may  be  made  on  detached  forms  for  use  of  the 
project.  At  the  same  time  the  record  copies  are  made  a  memo- 
randum of  the  Bill  for  Colkction  (Form  7-460c)  should  be  made 
and  mailed  or  delivered  to  the  debtor.  The  copies  on  Form  7-460a 
and  7-460b  should  be  filed  in  a  vertical  file,  alphabetically,  to  await 
settlement.  Forms  of  bills  for  collection  for  special  purposes  will 
be  provided  as  needed.  Collections  from  other  Departments,  bu- 
reaus or  establishments  of  the  Government  will  be  made  on  Form 
7-464,  "Collection  claim  for  transfer  settlements."  Memorandum 
copies  will  be  made  on  Form  7-461.  Vouchers  covering  collections 
made  on  account  of  water  and  electrical  energy  furnished  under 
contract  should  show  the  number  of  units,  kind  of  unit,  and  rate 
per  unit,  in  order  that  these  accounts  may  be  properly  audited. 

11.  Accounting  for  collections. — The  accounting  to  the 
Treasury  Department  for  collections  will  be  done  on  the  quarterly 
account  current.  The  amounts  to  be  entered  as  collected  will  not 
necessarily  agree  with  the  monthly  schedules,  since  the  schedules 
will  list  all  tenders  in  whatever  form  they  may  be  made,  while  the 
account  current  will  take  up  only  those  items  tendered  in  lawful 
money  or  other  forms  which  have  been  converted  into  lawful 
money  by  the  receipt  of  certificates  of  deposit.  A  schedule  should 
be  prepared  listing  the  items  which  appear  on  the  regular  monthly 
schedules  but  which  are  not  included  in  the  account  current,  thus 
accounting  for  the  discrepancy  between  the  monthly  schedule  and 
the  account  current.  Likewise  a  schedule  should  be  prepared  show- 
ing all  items  not  appearing  on  regular  monthly  schedules  for  the 
current  period  which  are  taken  up  on  the  account  current,  due  to 
certificates  of  deposit  received  during  the  period  for  items  ap- 
pearing on  schedules  for  months  covered  by  prior  accounts  cur- 
rent. These  should  refer  to  the  month  and  year  when  originally 
scheduled  and  omitted  from  the  account  current. 


66  RECLAMATION    SERVICE    MANUAL. 

COMPETITION. 

Competition  where  Government  money  is  to  be  expended  is  re- 
quired by  Sec.  3709  R.  S.  (SEE  ADVERTISEMENTS  AND  BIDS). 
This  does  not  apply  to  contracts  for  the  collection  of  money,  but 
for  the  protection  of  the  Service,  a  regulation  has  been  adopted 
for  such  cases  requiring  advertisement  to  secure  competition  where 
fore  be  based  upon  advertising,  except  where  not  practicable  as 
provided  by  PAR.  2  of  ADVERTISEMENTS  AND  BIDS.  The  sale  of 
Government  property  should  usually  be  made  after  advertising. 
(See  PROPERTY.)  Whenever  it  is  not  possible  to  obtain  competi- 
tion the  facts  should  be  set  out  in  a  certificate  forwarded  to  the 
Director. 

The  securing  of  competitive  bids  doesi  not  necessarily  involve  the 
acceptance  of  the  lowest  bid.  Competition  is  required  by  law  and 
the  requirement  is  absolute  except  in  the  case  of  a  public  exigency, 
which  is  a  question  of  fact  and  not  of  opinion  or  discretion,  and 
competition  can  be  waived  only  under  the  conditions  specified  in 
ADVERTISEMENTS  AND  BIDS,  PAR.  2.  The  exception  where  there  is 
only  one  bidder  is  due  to  the  fact  that  there  is  only  one  bidder  from 
whom  bids  can  be  secured  as  a  feasible  business  proposition,  and 
persons  at  a  distance  may  frequently  quote  better  prices  than  those 
close  at  hand.  The  acceptance  of  other  than  the  lowest  bid  is  a 
different  matter  and  may  rest  upon  the  opinion  of  the  purchasing 
officer  whether  the  qualities  of  the  articles  to  be  purchased  are  such 
that  the  advantages  of  the  more  expensive  article  outweigh  the 
differences  in  price. 

COMPTROLLER,  DECISIONS  OF. 

1.  Law.— Section  8  of  Act  of  July  31,  1894  (28  Stat.,  205- 
211")  see  p.  516. 

2.  Classification  of  decisions. — Decisions  affecting    the    ac- 
counts of  the  Government  may  be  classified  under  four  general 
headings : 

(a)  Advance  decisions.— These  are  rendered  by  the  Comptroller 
upon  request  from  a  special  fiscal  agent  or  the  head  of  an  Executive 
Department  or  other  establishment  not  under  any  of  the  Executive 
Departments  who  may  apply  for  such  decision  upon  any  question 
involving  a  payment  to  be  made  by  or  under  them.  In  presenting 


COMPTROLLER,  DECISIONS  OF.  67 

requests  for  advance  decisions,  special  fiscal  agents  must  be  gov- 
erned by  the  above  and  no  decision  should  be  requested  except 
when  a  voucher  has  been  presented  to  the  special  fiscal  agent  for 
payment.  In  all  such  cases  requests  for  decisions  should  be  for- 
warded in  duplicate  to  the  Director  for  revision  and  transmission 
to  the  Comptroller.  The  head  of  any  Executive  Department  or  es- 
tablishment not  under  any  Executive  Department  may  apply  to  the 
Comptroller  for  an  advance  decision  under  the  circumstances  re- 
lated above,  or  such  request  may  be  made  for  advice  as  to  the  use 
of  the  appropriations  under  his  direction. 

(b)  Appeals  from  Auditor's  settlement. — Any  person  who  is  af- 
fected by  a  final  settlement  by  an  Auditor  may  appeal  to  the  Comp- 
troller for  a  revision  of  such  settlement,  provided  he  has  not  ac- 
cepted the  settlement  tendered  in  the  Auditor's  adjustment.     Thus, 
if  errors  are  conceded  by  a  special  fiscal  agent  and  later  an  attempt 
is  made  to  appeal  to  the  Comptroller  such  appeal  will  not  be  given 
consideration,  also  if  a  claimant  has  received  a  warrant  in  payment 
of  a  part  of  a  claim,  the  balance  of  which  has  been  disallowed,  his 
appeal  will  not  be  considered  unless  he  returns  the  warrant  or  de- 
posits with  the  Comptroller  the  amount  of  the  warrant  so  received 
by  him.     Such  appeals  should  'likewise  be  forwarded  through  the 
Director. 

(c)  Upon  certification. — Each  of  the  auditors  is  required  by  law 
to  certify  to  the  Comptroller  any  original  or  modifying  construc- 
tion of  the  statutes  made  by  him.     As  the  cases  coming  under  this 
heading  are  purely  between  the  Auditor  and  the  Comptroller  they 
are  of  no  direct  interest  to  the  employees  of  this  Service. 

(d)  Upon  revision. — The  Comptroller  has  authority  and  it  is  his 
duty  from  time  to  time  to  examine  into  the  accounts  of  the  several 
auditors,  making  the  examination  upon  his  own  motion.     He  will 
disallow  such  expenditures  as  he  regards  unauthorized. 

3.  How  to  prepare  cases. — In  preparing  a  case  for  presenta- 
tion to  the  Comptroller,  either  for  an  advance  decision  or  as  an 
appeal  from  an  Auditor's  disallowance,  a  full  and  concise  statement 
of  the  circumstances  surrounding  the  incurrence  of  the  liability 
should  be  made.  The  voucher  and  related  papers  upon  which  pay- 
ment is  proposed  to  be  made  should  be  submitted  as  accompanying 
papers.  References  should  be  made  to  any  law  bearing  upon  the 
case,  which  may  have  been  a  moving  cause  leading  to  the  submis- 
sion of  the  case.  If  such  laws  are  short  they  should  be  copied  in 


68  RECLAMATION    SERVICE    MANUAL. 

the  statement  of  the  case.     If  this  would  involve  a  long  statement 
they  may  be  referred  to  by  the  usual  references. 

4  Miscellaneous.— In  general,  it  may  be  said  that  no  hypo- 
thetical cases  will  be  considered,  since  the  law  states  that  advance 
decisions  will  be  rendered  only  upon  payments  to  be  made.  A  hy- 
pothetical case  may  never  become  a  liability  involving  payment.  A 
suspension  made  by  an  Auditor  is  not  final  action,  therefore,  an 
appeal  from  a  suspension  will  receive  no  consideration,  as  the  Au- 
ditor may  eventually  allow  the  amount  questioned.  (See  SPECIAL 
FISCAL  AGENTS,  RESPONSIBILITIES  AND  DUTIES  of,  PARAGRAPH 
66.)  Applications  for  revisions  of  Auditor's  settlements  must  be 
filed  within  one  year  of  the  date  of  the  disallowance.  The  decision 
of  the  Comptroller  of  the  Treasury  upon  any  question  involving  a 
payment  is  final  and  binding  as  to  all  executive  officers,  but  claim- 
ants whose  accounts  have  been  disallowed  by  auditors  and  against 
whom  the  Comptroller  has  rendered  a  decision  may  bring  suit  in 
the  Court  of  Claims,  and  if  successful  in  such  action,  an  appropria- 
tion from  Congress  must  be  secured  to  cover  the  item. 

CONSTRUCTION. 

Estimates  of  work  done,  par.  2. 

General  interpretation  of  specifications,  par.  1. 

Inspection,  par.  3. 

Inspector's  daily  reports,  par.  4. 

Instructions  to  contractors,  par.  5. 

Records,  par.  7. 

Statements  to  contractors  regarding  their  work,  par.  6. 

1.  General  interpretation  of  specifications. — Whenever  work 
is  being  done  for  the  Service  by  contractors  under  formal  specifica- 
tions the  officer  in  charge  should  see  that  all  requirements  of  the 
specifications  are  strictly  and  honestly  executed.     The  specifications 
usually  leave  the  officer  ample  discretion  as  to  the  manner  and  meth- 
ods of  conducting  the  work,  but  in  exercising  such  discretion  viola- 
tion of  specification  requirements  should  not  be  permitted.     Any 
deviations  from  the  requirements  of  the  specifications  should  be 
fully  explained  and  recorded  in  writing  as  required  by  the  paragraph 
in  the  general  conditions  entitled  "Changes  at  contractor's  request." 

2.  Estimates  of  work  done. — In  estimating    classified    ma- 


CONSTRUCTION.  69 

terial,  whenever  possible  the  different  classes  should  be  measured 
before  removal.  Estimating  classified  materials  by  digging  in 
sides  of  canals  after  completion  should  be  avoided.  In  cases  where 
it  is  impossible  at  the  time  of  preparing  the  estimates  to  determine 
whether  a  particular  piece  of  work  should  be  classified  under  one 
or  the  other  of  two  or  more  similar  items  of  the  schedule  of  un- 
equal price,  the  work  should  be  classified  under  the  item  of  least 
unit  price  until  final  determination  of  its  classification  is  made.  In 
case  a  contractor  desires  to  substitute  borrowed  material  for  over- 
haul contemplated  in  the  contract,  he  should  be  permitted  to  do  so 
only  on  written  authority  from  the  officer  in  charge  of  the  work 
and  with  the  full  understanding  that  the  work  will  be  estimated 
for  payment  on  the  basis  of  the  estimated  economic  overhaul. 

3.  Inspection. — (a)  In  directing  the  work  of  contractors  the 
officer  in  charge  should  assign  efficient  inspectors  to  look  after  the 
different  parts  of  the  work.  These  inspectors  shall  oversee  the 
work  while  it  is  in  progress  arid  require  the  materials  supplied,  the 
work  done  and  the  methods  of  work  used  by  the  contractor  to  be  in 
full  conformity  with  the  provisions  of  the  specifications  and  plans. 
Inspectors  should  study  the  specifications  and  plans  until  they  are 
thoroughly  familiar  with  their  requirements.  Before  making  a 
complaint  the  inspector  should  be  certain  that  it  is  justified  and  after 
making  a  complaint  it  should  be  promptly  followed  up  to  see  that 
the  error  involved  is  corrected.  If  the  defective  work  or  method  is 
not  remedied  within  a  reasonable  time,  the  inspector  should  report 
full  particulars  of  the  case  to  the  officer  in  charge. 

(b)  Construction  by  Government  forces  should  be  subject  to  the 
same  thorough  inspection  that  is  required  on  contract  work.     It  is 
generally  advisable  to  prepare  written  specifications  for  such  work 
and  in  each  particular  case  the  project  engineer  should  determine 
what  inspection  is  necessary  to  insure  the  proper  execution  of  the 
work. 

(c)  Shop  inspection  of  materials,  machinery,  etc.,  on  engineer- 
ing contracts  will  be  provided  through  the  office  of  the  Director. 
When  such  inspection  is  desired  on  field  contracts  the  Director's  of- 
fice should  be  so  informed  at  the  time  the  contract  is  awarded,  and 
provided  with  duplicate  copies  of  the  contract  in  order  that  proper 
arrangements  can  be  made  for  such  inspection.     Inspection  of  ma- 
terials for  immediate  delivery  will  in  certain  cases  be  handled  by  the 


70  RECLAMATION    SERVICE    MANUAL. 

office  making  the  purchase.  Dimensions  and  quantities  of  all 
specially  constructed  machinery  should  be  checked  immediately 
upon  receipt  and  before  machinery  is  hauled  to  the  work.  Any  er- 
rors found  should  be  immediately  reported  to  the  Director. 

4.  Inspectors'  daily  reports.— On  all  construction  work  the 
officer  in  charge  should  require  from  the  inspectors  some  form  of 
daily  record  or  report,  giving  progress  of  the  work,  comments  on 
its  condition,  and  copies  of  all  instructions  given  to  the  contractors. 
The  precise  form  of  thes^  reports  or  the  method  of  preserving  them 
is  not  as  important  as  it  is  that  some  simple  system  be  followed 
which  records  daily  the  facts  of  importance  in  construction,  es- 
pecially in  view  of  probable  disputes  or  legal  controversies,  such  as 
frequently  arise. 

5.  Instructions  to  contractors. — All  directions  to  a  contractor 
as  to  the  conduct  of  his  work  which  may  in  any  way  cause  a  change 
in  payments  from  those  specifically  included  in  the  schedule  of 
prices,  or  authorize  a  method  of  work  at  variance  with  the  pro- 
visions of  the  specifications,  or  have  a  tendency  to  modify  the  spe- 
cific provisions  of  the  contract;  or  which  are  explanatory  of  doubt- 
tul  points  in  the  specifications,  must  be  in  writing.     One  copy  must 
be  retained  by  the  officer  and  another  copy  must  be  promptly  for- 
warded to  the  Director's  office  for  information  and  for  safe  keeping 
in  order  that  it  may  be  available  if  the  officer's  copy  should  be  lost 
or  destroyed.     In  giving  instructions  to  contractors,  no    attempt 
should  be  made  to  prescribe  details  as  to  the  manner  of  conducting 
the  work.     In  all  cases,  instructions  to  the  contractor  should  be  as 
to  the  results  to  be  accomplished,  leaving  him  to  handle  the  work 
at  his  own  risk  and  committing  the  Government  to  responsibility 
only  as  to  the  results  demanded. 

6.  Statements  to  contractors  regarding  their  work. — In  dis- 
cussing matters  with  contractors  in  connection  with  their  work, 
whether  orally  or  in  writing,  the  officer  should  confine  himself  ex- 
clusively to  facts  and  conclusions  without  undertaking  to  show  the 
reasons  upon  which  the  conclusions  are  based.  Cases  have  arisen 
where  officers  have  unintentionally  made  statements  that  commit 
them  and  may  tend  to  commit  the  Service  to  a  line  of  action  which 
is  not  to  its  best  interests.  In  order  that  the  contractors  who  pre- 
sent claims  may  be  dealt  with  in  the  utmost  fairness  it  is  desirable 
that  all  reports  of  the  officers  upon  their  claims  should  be  given  to 
them  for  consideration.  It  is  accordingly  necessary  that  all  such 


CONSTRUCTION.  71 

reports  should  be  confined  to  statements  of  fact  and  should  not 
contain  discussion  of  the  terms  of  the  contract  or  their  application 
to  the  facts  in  the  case.  These  usually  involve  questions  of  law 
and  if  the  view  of  the  law  taken  by  the  officer  is  incorrect,  his  con- 
clusions are  naturally  rejected  by  the  courts,  whereas  his  conclu- 
sions might  readily  be  sustained  by  a  different  line  of  reasoning. 
The  officers,  should  make  recommendations  on  the  claims  in  separ- 
ate letters  which  may  be  considered  by  the  Chief  Engineer  in  ren- 
dering his  decision.  Officers  must  remember  that  all  their  conver- 
sations with  contractors  and  all  letters  written  to  them  may  form 
the  subject  of  controversy  in  court  and  it  is  essential  that  they  do 
not  commit  themselves  upon  points  not  strictly  engineering  in  char- 
acter. Anything  which  is  of  a  legal  nature  should  not  be  discussed 
by  them  with  the  contractors,  and  all  letters  or  instructions  should 
deal  only  with  facts  and  statements  strictly  within  the  province  of 
the  officer  under  the  terms  of  the  specifications.  (See  CONTRACTS,. 
PAR.  30.) 

7.  Records. — The  books  required  for  recording  construction 
data  are  independent  of  those  pertaining  to  preliminary  and  location 
surveys,  and,  exclusive  of  the  cost  keeping  records,  should  consist 
of  a  transit  book,  a  level  book,  a  profile  book,  a  cross-section  book, 
a  classification  cross-section  book,  a  structure  book,  an  estimate 
book  and  a  diary.  These  books  should  all  be  properly  filed  in  the 
project  office  as  soon  as  the  work  to  which  they  relate  is  completed. 

(a)  Transit  book. — The  transit  book  should  contain  all  align- 
ment notes,  reference  points  and  the  like  taken  during  and  pertain- 
ing to  the  construction. 

(b)  Level  book. — The  level  book  should  contain  all  level  notes 
taken  during  and  pertaining  to  the  construction,  and  for  the  sake 
of  convenience,  records  of  permanent  and  temporary  bench  marks 
established  during  location  and  construction. 

(c)  Cross-section  book. — The  cross-section  book  should  contain 
all  notes  pertaining  to  the  cross-sectioning  of  the  canal  as  deter- 
mined from  the  topographic  sheets  and  the  field  location  of  the 
cross-section  stakes.    Cross-section  areas,  upon  which  final  estimates 
are  based  should  be  computed,  where  possible  and  not  determined 
by  graphic  methods,  although  the  latter  method  is  valuable  as  a 
check. 

(d)  Classification  cross-section  book. — A  classification  cross-sec- 
tion book  should  be  made  up  in  the  field  office  from  the  original 


72  RECLAMATION   SERVICE   MANUAL 

canal  cross-section  book.  As  soon  as  classified  material  is  devel- 
oped during  the  excavation,  classification  lines  should  be  drawn. 
Opposite  each  plotted  cross-section  should  be  placed  the  area  of 
each  class  of  material,  and  between  these  areas  should  appear  the 
corresponding  volume  between  stations.  At  the  end  of  each  mile  or 
important  cut  or  fill  a  summary  should  be  compiled  indicating  the 
total  quantity  of  each  class  of  material  contained  therein. 

(e)  Profile  book. — The  profile  book  should  be  kept  on  all  large 
and  important  canals  and  should  contain  all  data  necessary  for 
the  conduct  of  the  field  work,  as  well  as  all  of  the  results  of  con- 
struction. It  should  therefore  include  the  following  informa- 
tion :  Location  of  mile  posts ;  location  of  reference  points  with  dis- 
tances and  angles;  grades;  elevations  at  points  where  grades 
change ;  classification  lines  in  cuts ;  direction  and  amount  of  material 
moved,  both  in  actual  excavation  of  the  canal  and  from  borrow 
pits ;  elevation  of  bench  marks ;  alignment,  including  the  degree,  cen- 
tral angle,  point  of  curve,  point  of  tangent  and  the  direction  of 
curves,  whether  right  or  left;  division  of  haul;  mass  curves  show- 
ing economical  movement  of  material  and  amount  and  distance  of 
overhaul;  the  dates  cuts  or  fills  are  begun  and  completed  and  by 
whom;  the  final  classification  and  quantities  for  each  embankment 
or  cut;  the  summary  of  pay  quantities  for  each  mile;  and  the  loca- 
tion and  kind  of  structures.  In  connection  with  this  record  -a 
progress  profile  should  be  kept  indicating  graphically  the  progress 
of  construction  along  the  entire  line  for  each  month,  using  the  fol- 
lowing standard  colors  to  record  the  time  of  execution  of  work: 
January,  sepia ;  February,  vermillion ;  March,  Prussian  blue ;  April, 
deep  chrome ;  May,  emerald  green ;  June,  indigo ;  July,  Indian  red ; 
August,  sap  green;  September,  gamboge;  October,  scarlet  lake; 
November,  new  blue ;  December,  burnt  sienna. 

(f)  Structure  book. — The  structure  book  should  contain  all 
notes  pertaining  to  bridges,  culverts,  turnouts,  flumes,  siphons, 
drops,  sluiceways,  etc.  The  general  plans  of  the  structure  should 
be  drawn  on  the  left  side  of  the  book,  followed  on  the  right  side  by 
the  level  notes  of  the  original  surface  of  the  ground  and  a  record 
of  the  excavation.  The  plans,  in  detail,  as  constructed,  should  be ' 
plotted  in  this  book,  and  areas  and  volumes  there  indicated.  In  gen- 
eral, sufficient  dimensions  should  be  given  to  enable  the  quantities  to 
be  checked.  Great  care  should  be  taken  to  note  the  character  of  the 


CONTRACTOR'S  COSTS.  73 

material  on  which  the  structures  are  founded.  These  plans  should 
be  colored  when  practicable  with  the  monthly  progress  colors  used 
for  the  progress  profile. 

(g)  Estimate  book. — A  separate  set  of  books  should  be  kept  ex- 
clusively for  monthly  estimate  notes.  Especial  care  should  be  ta- 
ken to  keep  these  books  in  good  form  and  in  such  condition  that  the 
old  work  may  be  reviewed  without  difficulty.  The  classification  of 
material  should  in  all  cases  be  carefully  recorded  in  this  book. 
~~  (h)  Diary. — The  diary  should  be  a  brief  of  all  the  importanT 
conversations  with  contractors,  and  should  include  a  synopsis  of  all 
orders  and  letters  relative  to  the  work.  It  should  contain  the  dates 
of  beginning  and  completion  of  the  work  and  the  time  and  the  cause 
of  all  delays.  There  should  also  be  notes  relative  to  the  classifica- 
tion of  material  and  the  building  of  structures,  the  equipment 
with  which  the  contractors  do  the  work,  and  such  other  matters  per- 
taining thereto  as  may  be  of  interest  and  use.  The  visits  of  stran- 
gers should  be  noted  and  the  conditions  of  the  weather  and  the  engi- 
neering work  carried  on  during  the  day  should  be  stated  in  concise 
_fprm.  The  diary  should  form  a  continuous  official  record. 

CONTRACTOR'S  COSTS. 

Collection  of  data,  par.  3. 

Distribution  of  costs,  par  2. 

Use  of  Service  forms  by  contractors,  par.  1. 

When  not  necessary  to  keep,  par.  4. 

1.  Use    of    Service    forms    by    contractors. — The    methods 
adopted  in  the  compilation  of  contractors'  cost  data  must  be  varied 
to  suit  local  conditions.     If  a  contractor  has  no  particular  system 
of  accounting,  he  generally  can  be  induced  to  use  the  forms  of  the 
Reclamation  Service,  for  the  adoption  of  an  efficient  accounting  sys- 
tem that  will  work  to  his  advantage  while  facilitating  the  keeping 
of  costs  for  the  Reclamation  Service.    Forms  may  be  supplied  with- 
out charge,,  and  the  services  of  the  contractor's  timekeeper  may  be 
engaged  in  the  cost-keeping  work.    If  the  contractor  has  a  system 
of  accounting,  the  timekeepers  and  inspectors  for  the  United  States 
should  endeavor  to  so  adapt  their  activities  to  the  contractor's  sys- 
tem as  to  secure  the  most  accurate  and  useful  data  possible. 

2.  Distribution  of  costs. — For  cost  records  relating  to  large 


74  RECLAMATION   SERVICE   MANUAL 

works  of  varied  character  constructed  by  contract,  where  the  neces- 
sity of  a  method  adapted  to  all  items  of  classification  of  work 
exists,  and  where  it  is  not  advisable  to  enter  into  laborious  refine- 
ment, the  methods  adopted  by  the  Reclamation  Service  require  the 
distribution  of  costs  under  the  following  heads :  Interest  on  invest- 
ment, preparatory  expense,  plant  depreciation,  executive,  labor, 
material,  supplies,  U.  S.  general  expense,  U.  S.  engineering,  U.  S. 
materials  and  U.  S.  miscellaneous.  These  are  defined  as  follows: 

(a)  Interest  on  investment. — All   charges   for  insurance    and 
bond  premium  and  interest  on  the  cash  capital  required. 

(b)  Preparatory  expense. — All  charges  for  the  cost  of  roads, 
drainage  of  camps,  delivery  and  installation  of  plant  and  other  ex- 
penses involved  before  the  actual  construction  work  begins1. 

(c)  Plant  depreciation. — All  charges  for  repairs  and  deprecia- 
tion of  tools,  machinery,  buildings  and  use  thereof. 

(d)  Executive. — All  charges  for  superintendents,  foremen,  time- 
keepers, engineers,  rodmen,  clerks,  watchmen  and  other  general  ad- 
ministrative expenses. 

(e)  Labor. — All  charges  for  hire  of  teams,  and  for  skilled  and 
common  labor  not  included  in  "Executive." 

(f)  Materials. — All  charges,  including  freight,  for  expendable 
property  furnished  by  the  contractor  and  entering  into  construc- 
tion and  remaining  a  part  thereof. 

(g)  Supplies. — All  charges,  including  freight,   for  expendable 
property  used  in  construction  work  and  wholly  consumed  therein ; 
fuel,  explosives,  lubricants  and  freight  thereon;  illumination,  re- 
pairs, etc. 

(h)  Total  contract  earnings. — The  total  amount  and  unit  price 
paid  the  contractor,  based  on  the  amount  of  work  done. 

(i)  United  States  general  expense. — All  charges  for  the  cost  of 
administration  not  included  in  engineering,  such  as  proportion  of 
expenses  of  general  offices  and  headquarters  office. 

(j)  United  States  engineering. — All  charges  for  the  cost  of  su- 
pervision and  inspection  by  the  United  States  from  date  of  begin- 
ning construction. 

(k)  United  States  materials. — All  charges  for  materials  fur- 
nished by  the  United  States. 

(1)  United  States  miscellaneous. — All  charges  of  a  miscella- 
neous nature  chargeable  to  this  item  of  contract  which  cannot  be 
classified  as  engineering  or  administrative  expense. 


CONTRACTOR'S  COSTS.  75 

(m)  Estimated  cost. — The  estimated  total  and  unit  costs  sub- 
mitted by  the  board  recommending  the  advertisement  and  construc- 
tion of  the  work. 

3.  Collection  of  data. — Data  should  be  collected  by  means 
of  the  time  and  material  distribution  system.  In  the  time  book 
several  pages  should  be  devoted  to  the  records  of  each  contract 
item,  the  entries  being  made  under  appropriate  heads  that  can  later 
be  readily  distributed  to  contractor's  executive,  contractor's  labor, 
and  U.  S.  engineering.  In  the  material  book  charges  against  each 
contract  item  should  be  made  under  the  heads  of  plant  depreciation 
material  and  supplies  furnished  by  the  contractor,  and  material 
furnished  by  the  United  States.  The  character  of  machinery  used, 
labor  conditions,  weather  conditions,  geography  of  the  work,  to- 
pography of  the  site  of  the  work,  proximity  of  constructing  ma- 
terial, and  other  similar  circumstances  are  important  matters  for 
record,  and  entries  of  these  elements  of  cost  should  be  made  in  the 
time  books.  The  methods  employed  in  collecting  contractor's 
costs  should  be  those  that  pertain  to  ordinary  construction  work 
with  such  variations  as  may  be  necessary  in  each  case.  Statistics 
of  productive  labor,  material  and  supplies  should  be  collected  by  the 
timekeepers  and  inspectors.  Unit  prices  of  labor,  materials  and 
supplies  may  be  assumed  at  market  rates;  or,  if  the  contract  re- 
quires it,  as  is  frequently  the  case,  the  contractor  may  be  requested 
to  furnish  these  and  other  data  that  cannot  be  collected  readily  by 
timekeepers  and  inspectors.  It  may  be  necessary  and  desirable  to 
estimate  many  of  the  details  of  such  costs.  For  example,  in  the 
case  of  horses  owned  by  a  contractor,  it  is  frequently  more  satisfac- 
tory to  estimate  the  cost  of  their  work  on  the  basis  of  current  rates 
for  hiring  rather  than  to  attempt  to  determine  the  cost  of  maintain- 
ing them,  the  amount  of  depreciation,  etc.  The  costkeeper  on  con- 
tractor's costs  should  apply  the  account  number  system  in  distribut- 
ing costs  in  the  general  classification  book,  and  use  classification 
names  where  the  use  of  numbers  is  not  feasible.  Accounts  with 
each  item  of  the  contract  should  be  carried  in  the  general  classifica- 
tion book,  secondary  charges  being  made  under  the  proper  heads 
hereinbefore  mentioned.  Certain  charges,  such  as  those  against 
interest  on  investment  and  preparatory  expense  are  necessarily 
carried  forward  en  masse  until  the  completion  of  the  contract,  at 
which  time  a  distribution  should  be  made  to  the  items  of  the  con- 
tract. The  information  contained  in  the  time  book  and  in  the  ma- 


76  RECLAMATION   SERVICE  MANUAIy 

terial  book  should  be  carried  forward  at  the  end  of  each  day  to 
the  general  classification  book,  and,  at  the  end  of  the  month,  after 
entries  have  been  made  for  the  monthly  estimates  and  the  unit  costs 
have  been  distributed  under  the  various  heads,  the  totals  in  the 
general  classification  book  should  be  carried  to  separate  leaves  in 
the  back  thereof.  The  detailed  sheets  may  then  be  taken  out  of  the 
book  and  filed,  but  the  sheets  in  the  back  should  be  left  in  the  binder 
unless  the  costkeeper  desires  to  carry  these  records  forward  to  a 
regular  ledger  form,  the  use  of  which  is  optional.  If  any  form  of 
ledger  seems  desirable  in  collecting  contractor's  costs,  the  cost  led- 
ger should  be  used. 

Reporting  contractor's  costs. — In  addition  to  keeping  field  rec- 
ords the  Director  should  be  informed  of  the  monthly  progress  and 
cost  and  the  final  cost  of  contract  work.  Forms  7-836,  7-837  and 
7-838  should  be  used,  as  follows : 

(a)  Monthly  costs. — Form  7-836  should  be  used  for  reporting 
monthly  progress  and  costs.  This  form  is  so  arranged  as  to  make 
it  possible  to  copy  the  information  required  directly  from  the  clas- 
sification book.  All  the  details  of  each  sheet  should  be  filled  in, 
and  transmitted  with  the  report  to  the  Director  as  promptly  as 
possible  at  the  end  of  each  month. 

fb)  Completed  costs. — On  the  completion  of  a  contract  the  ac- 
counts for  the  items  thereof  shall  be  closed  and  a  seperate  report 
for  each  item  of  the  contract  shall  be  made  up  on  Form  7-837  and 
transmitted  promptly  to  the  Director.  Each  report  should  show 
the  number,  if  any,  of  the  contract,  the  date  work  was  begun  and 
finished,  and  full  explanatory  notes  covering  the  methods  of  con- 
ducting it,  the  classification  of  material,  and  all  conditions  affecting 
the  work  or  its  cost.  The  explanatory  notes  should  be  so  com- 
plete that  any  person  using  the  data  may  readily  form  an  opinion  as 
to  their  value  and  the  limits  of  their  accuracy. 

(c)  Combination  of  items. — A  report  should  also  be  made  up 
on  Form  7-838,  combining  all  of  the  items  and  schedules  of  a  con- 
tract when  the  contract  covers  more  than  one,  making  a  summary 
report,  the  details  of  which  are  to  be  found  on  Form  7-837. 

4.  When  not  necessary  to  keep. — On  the  smaller  contracts 
or  on  work  where  costs  have  been  kept  on  like  work  for  a  suf- 
ficient time  to  have  secured  data  and  information  sufficient  to  give 
a  good  record  of  the  cost  of  the  work  involved,  these  cost  investiga- 
tions and  the  reports  pertaining  to  the  same  may  be  dispensed  with, 


CONTRACTS.  77 

if  such  procedure  is  approved  by  the  Director.  The  amount  of  time 
and  expense  allotted  to  the  keeping  of  contractor's  costs  should  be 
governed  by  the  importance  of  the  work  and  necessity  for  the  in- 
formation. 

CONTRACTS. 

Acknowledgment  or  certificate  to  entitle  contracts  or  deeds  to 

record,  par.  15. 
Amount  of  Contracts,  par.  8. 
Animals,  contracts  for  hire  of,  par.  60. 
Appeals,  par.  66. 
Bond,  printed,  forms  of,  par.  23. 
Bonds,  par.  19. 

Bonds  accompanying  field  contracts,  par.  7. 
Bonds,  amount  of,  par.  21. 
Bonds  cannot  be  canceled,  par.  22. 
Bonds,  where  to  be  prepared,  par.  20. 

Certificate  when  contracts  not  filed  within  30  days,  par.  40. 
Certified  copies  of  contracts  and  bonds,  par.  35. 
Classes  of  contracts,  par.  1. 

Clause  creating  special  lien  in  favor  of  United  States,  par.  54. 
Congressional  clause,  par.  50. 

Contracts  approved  by  Director  or  by  Secretary,  par.  6. 
Contracting  parties,  designation  of,  par.  9. 
Contractors,  instructions  to,  par.  30. 

Contracts  necessitating  performance  by  United  States,  par.  57. 
Contracts  to  be  filed  in  Returns  Office  within  30  days,  par.  38. 
Copies,  number  of,  par.  10. 
Damages,  unliquidated,  par.  56. 

Damages  for  breach  of  contract  by  United  States,  par.  73. 
Decision  of  Comptroller,  par.  68. 
Decision  of  Supreme  Court,  par.  69. 
Delays  in  filing  contracts  in  Returns  Office,  par.  39. 
Eight-hour  law,  foreign  labor  and  convict  labor,  par.  52. 
Equipment,  contractor's  refundment  of  freight  charges  on,  par.  63. 
Estimates,  contract,  par.  64. 
Execution  of  contracts,  par.  12. 
Executory  contracts,  3744  R.  S.  applies  to,  par.  71. 


78  RECLAMATION   SERVICE   MANUAL 

Extension  for  delay  for  definite  period,  par.  29. 

Extension  of  time,  further  explanation  by  engineer,  par.  28. 

Extension  of  time  on  construction  contracts,  par.  27. 

Fences  across  Government  right  of  way.  par.  47. 

Field  contracts,  par.  3. 

Field  contracts,  execution  of,  par.  17. 

Form  for  contracts  approved  by  Director,  par.  16. 

Forms  must  be  used  when  practicable,  par.  18. 

"Holdback,"  computation  and  payment  of,  par.  65. 

Informal  contract  sufficient  in  case  of  immediate  delivery,  par.  70. 

Instructions  for  filing  contracts  in  Returns  Office,  par.  42. 

Labor  and  material  claims,  par.  34. 

Lands,  description  of,  par.  14. 

Licenses,  filing  copies  of,  par.  48. 

Leases  of  Government  equipment,  par  44. 

Licenses  to  cross  Government  right  of  way,  par.  46. 

Maps  or  papers  made  a  part  of  contracts,  par.  13. 

Meat,  inspection  of,  par.  58. 

Mortgaging  of  plant,  etc.,  par.  53. 

Non-assignment  clause,  par.  51. 

Non-routine  contracts,  par.  5. 

Patented  articles,  par.  55. 

Postdating  service  under,  par.  72. 

Referees  not  allowed  on  Government  contracts,  par.  61. 

Regulations,  Departmental,  par.  2. 

Release,  par.  62. 

(a)  Contracts  to  be  executed  under  general  authority. 

(b)  Contracts  to  be  executed  under  special  authority. 

(c)  Emergency  contracts. 

(d)  Bonds. 

Renewed  or  amended  contracts,  par.  43. 

Returns  office,  filing  contracts  in,  par.  42. 

Revised  Statutes,  sees.  3709  and  3744  compared,  par.  67. 

Routine  contracts,  par.  4. 

Sureties,  par.  24. 

Sureties,  inquiries  by,  par.  26. 

Sureties  on  individual  bonds,  par.  25. 

Suspended  contract,  inventory  and  final  account  under,  par.  33. 

Suspended  contracts,  property  taken  over  under,  par    32. 


CONTRACTS.  79 

Suspension  of  contracts,  par.  31. 
Termination  of  contract,  par.  11. 
Termination  of  contracts,  notice  of,  par.  45. 
Transmission  of  contracts  to  Director,  par.  36. 
Transportation  contracts,  par.  49. 
Washington  office  copy  of  contracts,  par.  37. 
When  30-day  period  begins  to  run,  par.  41. 

CROSS  REFERENCES. 

ADVERTISEMENTS  AND  BIDS. 

ANIMALS,  HIRE  OP. 

CONTRACTORS'  COSTS. 

CONTRACTS,  SUSPENDED,  ACCOUNTING  FOR. 

EXTRA  WORK,  HOW  TO  VOUCHER. 

LANDS,  ACQUISITION  OE. 

LEASES. 

POWER  AND  POWER  PRIVILEGES,  LEASE  OF. 

RENTAL  OE  COTTAGES,  ROOMS,  ETC.,  TO  EMPLOYEES. 

TIMBER-CUTTING  CONTRACTS. 

WATER,  RENTAL  OE. 

1.  Classes    of    contracts. — By  Departmental  regulations  of 
November  25,  1911   (see  Par.  2),  Reclamation  Service  contracts 
are  divided  into  two  classes,  routine  contracts  to  be  executed  by 
officers  of  the  Service  under  general  authority  from  the  Depart- 
ment and  non-routine  contracts  to  be  executed  under  special  au- 
thority from  the  Department.     No  contract  (within  the  limits  of 
the  Departmental  definition  given  below)  will  be  regarded  as  routine 
which  varies  in  legal  effect  (as  opposed  to  mere  description  of  the 
work,  material  or  services)  from  similar  contracts  of  a  form  pre- 
viously approved  by  the  Secretary  for  general  use,  or  which  con- 
tains novel  or  unusual  clauses. 

2.  Regulations,  departmental. — The  following  are  the  regu- 
lations of  the  Department  in  reference  to  Reclamation  Service  con- 
tracts : 

(a)  Contracts  to  be  executed  under  general  authority. — 
Authority  is  hereby  given  to  the  Director  of  the  Reclamation 
Service  to  execute  and  to  authorize  in  writing  his  subordi- 
nate officers  to  execute  "routine  contracts"  as  hereinafter 


80  RECLAMATION   SERVICE   MANUAL 

defined,  of  the  following  classes:  (a)  Any  disbursement 
contract  not  exceeding  $5,000  in  amount,  required  to  carry 
out  the  plans  duly  authorized  by  the  Department,  or  plans 
outlined  in  approved  quarterly  statements  and  estimates; 
(b)  Any  collection  contract  not  exceeding  $5,000  in  amount 
where  the  plan  under  which  collection  is  made  has  pre- 
viously been  approved  by  the  Secretary  of  the  Interior. 
A  "routine  contract"  is  hereby  defined  to  be  a  contract  of 
a  form  approved  by  the  Secretary  of  the  Interior  for  gen- 
eral use. 

(b)  Contracts  to  be  executed  under  special  authority. — 
Other  contracts   (except  in  cases  of  emergency)   shall  be 
executed  by  the  Director  of  the  Reclamation  Service,  or  his 
subordinate  officers,  only  after  special  authority  shall  have 
been   given   by   the    Secretary   of    the    Interior    for    that 
purpose. 

(c)  Emergency  contracts. — In  cases  of  emergency  where 
immediate  action  is  necessary  to  protect  the  public  interests, 
authority  to  execute  contracts  which  are  not  "routine  con- 
tracts," as  above  defined,  or  are  in  excess  of  $5,000  should, 
if  practicable,  be  first  obtained  by  letter  or  telegram.     If 
it  is  not  practicable  to  so  obtain  enlarged  authority  before 
acting  the  contract  may  be  tentatively  awarded  and  signed 
by  officers  of  the  Reclamation  Service  thereunto  authorized 
by  the  Director,  but  it  shall  not  in  that  case  be  effective  for 
any  purpose  until  approved  by,  or  by  specific  authorization 
from,  the  Secretary  of  the  Interior. 

(d)  Bonds. — Bonds  given  in  support  of  contracts  shall 
be  executed  and  approved  under  the  same  regulations  as  the 
contracts  which  they  accompany.     (See  PAR.  6.) 

V:  x 


3.  Field  contracts.  —  The  term  "Field  Contracts"  will,  for 
convenience  of  nomenclature,  be  used  to  designate  all  routine  con- 
tracts as  defined  by  Paragraph  2  (a)  except: 


(a)  Land  purchase  contracts. 

(b)  Leases  of  withdrawn  or  acquired  lands  for  a  period 
exceeding  two  years,  or  at  an  annual  rental  exceeding  $500. 

(c)  Disbursement   contracts   involving  between   $1,000 
and  $5,000,  inclusive,  where  the  lowest  bid  is  not  accepted. 

^  (d)  Disbursement  contracts  amending  any  contract  pre- 
viously entered  into. 

(e)   Contracts  for  the  lease  of  office  rooms,  except  re- 
newals of  former  leases. 

In  pursuance  of  Departmental  authority  in  Paragraph  2  (a),  on 


CONTRACTS  81 

February  19,  1912,  authority  for  the  execution  of  field  contracts 
which  show  on  their  face  or  by  means  of  the  accompanying  papers 
a  full  compliance  with  the  law  and  regulations  as  to  advertising, 
execution  of  contracts,  etc.,  was  given : 

(1)  To  the  supervising  or  acting  supervising  engineers. 

(2)  To  the  project  or  acting    project  engineers,  or  if 
there  is  no  such  engineer  'on  any  project  or  unit,  to  such 
official  as  the  supervising  or  acting  supervising  engineer  of 
the  district  may  authorize  in  writing,  copy  of  such  authori- 
zation being  promptly  sent  to  the  Director.     All  contracts 
executed  by  project  or  acting  project  engineers  or  by  others 
authorized  by  the  supervising  or  acting  supervising  engineer, 
shall  be  subject  to  the  approval  of  the  supervising  or  acting 
supervising  engineer. 

(3)  To  the  Chief  Electrical  Engineer  or  the  Acting  Chief 
Electrical  Engineer,  Los  Angeles,  California. 

(4)  To  the  Cement  Expert,  Denver,  Colorado. 

(5)  To    the    Transportation    Agent,    Chicago,    Illinois. 

Field  contracts  should  not  be  executed  by  officials  other  than 
those  authorized  to  do  so  in  (1)  to  (5)  of  this  paragraph. 
All  field  contracts  must  be  forwarded  to  the  Washington 
office  for  acceptance  and  filing. 

4.  Routine  contracts. — Routine  contracts  excepted  in  (a)  to 
(e),  inclusive,  in  Par.  3,  are  not  to  be  effective  for  any  purpose 
until  approved  by  the  Director. 

5.  Non-routine  contracts. — Non-routine  contracts  are  not  to 
be  effective  until  approved  by  the  Director  under  special  authority 
for  that  purpose  from  the  Secretary  of  the  Interior.     In  case  of 
emergency  these  contracts  should  be  governed  by  (c)  of  Depart- 
mental instructions  in  Par.  2. 

6.  Contracts  approved  by  Director  or    by    Secretary. — All 
drafts  of  contracts  requiring  execution  or  approval  in  the  Wash- 
ington office  should  be  prepared  in  form  suitable  for  such  action  by 
the  Director.     Where  contracts  require  submission  to  the  Secretary 
it  is  the  practice  to  secure  authority  from  the  Secretary  for  execu- 
tion or  approval  by  the  Director.     If  a  contract  is  of  unusual  im- 
portance and  involves  new  and  unusual  questions  of  policy  the 
matter  of  execution  or  approval  by  the  Secretary  should  be  sub- 
mitted to  the  Director  whereupon  instructions  will  be  given  for  a 
modification  of  the  form  if  deemed  advisable. 


gg  RECLAMATION   SERVICE  MANUAL 

ds  accompanying  field  contracts.— Bonds  accompany- 
ing field  contracts  will  be  approved  by  the  Supervising  Engineers, 
except  bonds  with  corporate  sureties  which  must  in  all  cases  be 
submitted  to  the  Director  for  approval.  Supervising  Engineers, 
before  approving  bonds,  will  assure  themselves  that  all  formalities 
as  to  the  execution  of  bonds  have  been  complied  with,  that  the 
proper  certificates  as  to  financial  responsibility  have  been  fur- 
nished, etc.  See  Paragraphs  ip  to  26. 

8.  Amount  of  contracts.— All  contracts  not  showing  clearly 
on  their  face  the  amount  of  the  expenditure  or  collection  to  be 
involved,  must  be  accompanied  by  an  estimate  of  the  probable 
expenditure  or  collection.     The  paragraphs  or  sections  of  a  con- 
tract should  be  numbered  to  facilitate  future  reference. 

9.  Contracting  parties,  designation  of.— The  party  contract- 
ing with  the  United  States  should  be  designated  the  "Contractor," 
or  indicated  in  some  other  distinctive  way.     Where  there  are  more 
than  two  parties  to  a  contract,  other  appropriate  designation  should 
be  employed  for  each  of  the  parties  contracting  with  the  United 
States.    The  terms  "party  of  the  first  part,"  "party  of  the  second 
part,"  etc.,  should  be  dispensed  with  wherever  possible. 

10.  Copies,  number  of. — Only  one  copy  of  a  contract  should 
be  executed.  Copies  should  be  supplied  those  entitled  thereto. 
Where,  however,  the  contractor  insists  on  a  duplicate  original  the 
contract  may  be  executed  and  submitted  for  approval  in  duplicate, 
but  contractors  should  be  discouraged  as  much  as  possible  in  such 
demands.  Certified  copies  can  be  furnished  whenever  desired. 
(See  PAR.  35.) 

X.  11.  Termination  of  contract. — Whenever  a  contract  is  for  an 
indefinite  term,  there  must  be  a  provision  for  its  termination  by 
the  United  States  on  notice  of  a  specified  time.  (See  PAR.  45.) 
The  Director  should  be  promptly  notified  of  completion  or  cancel- 
lation of  all  contracts.  Where  a  penalty  or  liquidated  damages 
attach  on  account  of  delay  in  the  completion  of  work  under  a  con- 
tract, a  definite  date  for  time  of  completion  should  be  stated  in 
the  contract,  which  date  should,  as  a  general  rule,  be  a  fixed  num- 
ber of  days  or  months  from  the  date  when  the  contract,  by  execu- 
tion or  approval,  becomes  binding  upon  the  United  States. 

12.  Execution  of  contracts. — Examiners  should  exercise  care 
to  see  that  instructions  governing  the  execution  of  contracts  (see 
printed  instructions  on  Form  7-523  and  7-523a  and  on  the  construe- 


CONTRACTS  83 

tion  contract  forms),  are  fully  complied  with;  especially  that  the 
names,  as  they  appear  in  the  body  of  the  contract  correspond 
exactly  with  the  names  as  signed  to  the  contract.  Copies  of  con- 
tracts should  always  be  accurate,  full  and  complete.  Riders  or 
pasters  should  not  be  used  on  contracts.  Any  additions  or  changes 
which  cannot  be  interlined  and  initialed  should  be  written  on  a  full- 
sized  sheet,  shown  by  page  numbers  or  otherwise  to  be  a  part  of 
the  contract,  and  incorporated  therein  by  being  securely  attached 
by  staples  or  otherwise.  The  papers  should  be  so  attached  that  the 
fastenings  will  not  interfere  with  the  ready  handling  and  exami- 
nation of  the  contract. 

13.  Maps  or  papers  made  a  part  of  contracts. — Whenever  a 
map  or  other  paper  is,  by  the  terms  of  the  contract,  made  a  part 
thereof  the  map  or  paper  must  be  properly  described  in  the  contract 
so  that  it  may  be  identified  with  certainty.     All  such  documents 
must  accompany  the  contract.     All  copies  of  such  contracts  must 
include  copies  of  all  such  related  papers.     (See  also  ADVERTISE- 
MENTS AND  BIDS,  Par.  14.) 

14.  Land,  description  of. — Whenever  the  contract  involves 
the  description  of  land  by  legal  subdivision,  the  description  should 
be  written  out  in  full,  thus:  "the  northwest  quarter  (NWJ4)  and 
the  southeast  quarter  of  the  northeast  quarter  ( SE^4  NE}4  )  Sec. 
ten  (10),  township  twenty-one   (21)  north,  range  fifty-five  (55) 
west, — M.,  containing  two  hundred  (200)  acres."      (See  SURVEYS, 
PAR.  24.) 

15.  Acknowledgment  or  certificate  to  entitle    contracts    or 
deeds  to  record. — All  contracts  or  deeds  requiring  record  should 
be  executed  and  acknowledged  with  the  formality  required  by  the 
State  laws.     In  all  cases  it  is  preferable  that  the  grantor  or  con- 
tractor should  acknowledge  the  execution  of  the  instrument  in  the 
usual  form.     Where  the  State  law  permits  proof  of  execution  in 
some  other  manner,  as  for  example  by  the  oath  of  a  subscribing 
witness  before  a  notary  public  or  other  officer  authorized  to  admin- 
ister oaths,  the  method  may  be  resorted  to  in  exceptional  cases 
where  the  usual  acknowledgment  cannot  readily  be  made.    When- 
ever such  other  method  is  resorted  to  the  statutory  requirements 
should  be  strictly  followed  and  attention  called  to  the  statute  in 
letter  of  transmittal  to  the  Director.    Examiners  should  thoroughly 
familiarize   themselves    with    such    statutory   provisions    in   their 
several  jurisdictions. 


84  RECLAMATION   SERVICE   MANUAL 

16.  Form  for  contracts  approved  by  Director.— Non-routine 
contracts  and  routine  contracts  to  be  approved  by  the  Director 
should  be  executed  on  Form  7-523  or  other  approved  forms  appro- 
priate to  the  case  in  hand,  submitted  to  the  Examiner  for  his  nota- 
tion of  approval  as  to  form  and  execution,  'and  forwarded  to  the 
Director  for  appropriate  action.    See  Par.  36. 

17.  Field  contracts,  execution  of. — Field  contracts  should  be 
executed  on  Form  7-523a,  and  approved  by  the  Supervising  or 
Acting  Supervising  Engineer,  except  when  executed  by  the  Super- 
vising or  Acting  Supervising  Engineer,  in  which  case  no  approval  is 
necessary,  and  the  contracts  become  effective  at  once.    Before  execu- 
tion all  field  contracts,  where  practicable,  should  be  submitted  to 
the  Examiner  of  the  project,  who  should  initial  the  same  if  satis- 
factory as  to  form;  if  not  satisfactory  as  to  form,  the  Examiner 
should  indicate  the  corrections  required.     See  Par.  36. 

18.  Forms  must  be  used  when  practicable. — Printed  forms 
of  contracts  should  be  used  whenever  practicable.    Instructions  rela- 
tive to  manner  of  execution  are  printed  on  the  forms  and  should 
be  closely  followed.     When  changes  in  these  forms  are  necessary 
to  meet  the  case  in  hand  they  should  be  made  and  accompanied  by 
proper  certification.     Such  changes  should  be  reduced  to  a  mini- 
mum,   as   the   printed    forms    have   Departmental    approval    and 
changes  therein  will  delay  approval.     Forms  are  amended  from 
time  to  time,  and  when  an  amended  form  is  supplied  all  old  forms 
should  be  at  once  destroyed. 

19.  Bonds. — All  formal  contracts  for  the  construction  or  re- 
pair of  public  works  and  buildings  must  be  supported  by  a  bond. 
The  object  of  the  bond  is  twofold:  (a)  to  protect  the  interests  of 
the  United  States;  (b)  to  protect  the  laborers  and  material  men  in 
their  claims  against  the  contractors  and  subcontractors  for  labor 
performed  or  material  furnished.     See  Act  of  Feb.  24,  1905,  33 
Stat,  811,  p.  521.    Care  should  therefore  be  taken  that  the  amount 
of  the  bond  be  sufficient.     No  copies  of  bonds  are  filed  in  the 
Returns  Office,  the  original  being  filed  in  the  Auditor's   Office 
when  the  executed  copy  of  the  contracts  is  filed  there.     When  the 
original  bond  is  filed  in  the  Auditor's  Office,  a  copy  is  required  for 
the  Washington  office. 

20.  Bonds,  where  to  be  prepared.— Where  a  contract  is  drawn 
up  in  the  Washington  office  to  be  signed  by  the  Director  the  bond 
to  accompany  the  same  will  be  prepared  in  the  Director's  office.    In 


CONTRACTS  85 

all  other  cases  where  bonds  are  necessary  the  bond  should  be  pre- 
pared in  the  field  on  the  proper  form.  Detailed  instructions  as 
to  the  filling  out  of  the  bond  forms  and  as  to  their  execution  are 
printed  on  the  forms  and  should  be  carefully  adhered  to.  As  to 
approval  of  bonds,  See  Par.  7. 

21.  Bonds,  amount  of. — The  practice  of  surety  companies  is 
to  fix  the  premium  of  a  bond  in  proportion  to  the  total  amount  of 
the  contract,  with  no  particular  reference  to  the  penal  sum  of  the 
bond.  In  large  construction  contracts  which  have  been  suspended, 
it  has  sometimes  occurred  that  the  cost  of  completing  the  work 
thereunder  has  been  largely  in  excess  of  the  penal  sum  of  the  bond. 
It  is  necessary,  therefore,  that  in  making  large  construction  con- 
tracts the  amount  of  the  bond  should  ordinarily  be  from  25  to  40 
per  cent  of  the  estimated  contract  price.  It  is,  therefore,  essential 
in  the  preparation  of  advertisements,  proposals  and  specifications, 
that  careful  consideration  be  given  to  the  contingencies  which  may 
arise  in  case  of  suspension  of  the  'operation  of  the  contract ;  and  the 
bond  should  be  made  sufficiently  large  to  meet  the  possible  extra 
cost,  in  case  the  work  is  to  be  completed  by  the  Government.  In 
the  case  of  all  construction  contracts,  where  the  work  is  likely  to  be 
taken  by  the  farmers  on  the  project,  or  by  local  contractors,  the 
proportion  of  the  bond  to  the  contract  may  be  much  smaller  in 
view  of  the  fact  that  there  is  probably  less  risk  of  large  excess  cost 
if  such  contracts  are  suspended.  In  the  case  of  contracts  for  ma- 
chinery and  installation  the  bond  should  be  determined,  first  on 
the  basis  of  the  possible  increase  in  the  market  price  of  the  machin- 
ery in  -case  it  is  necessary  to  suspend  the  contract  and  make  an 
emergency  purchase;  and  second,  upon  the  amount  and  risk  of  the 
work  of  installation.  In  the  case  of  the  purchase  of  machinery 
or  supplies  which  do  not  involve  installation,  or  any  work  by  the 
contractor  upon  the  right  of  way  of  the  United  States,  no  bond  is 
necessary,  but  may  be  required  if  deemed  advisable.  Its  amount 
should  be  based  on  the  possible  differences  in  price  between  the 
estimated  cost  and  the  cost  in  case  it  becomes  necessary  to  purchase 
the  same  under  conditions  of  urgency,  if  the  contract  should  be 
suspended.  In  preparing  specifications,  where  it  is  not  practicable 
to  state  the  exact  amount  of  bond  which  will  be  required  of  the 
successful  bidder  or  bidders  the  following  should  be  inserted  in 
"Notice  to  Bidders";  or  specifications. 


g6  RECLAMATION   SERVICE    MANUAL 

"Bidder  will,  if  successful,  execute  a  satisfactory  contract 
and  furnish  bond  in  approximately  the  sum  of  —%  of  the 
total  amount  of  such  bid  for  the  faithful  performance  of  the 
contract,  the  amount  of  the  bond  to  be  computed  as  follows : 
If  __%  of  the  contract  price  is  less  than  $500,  the  bond  shall 
be  drawn  in  the  multiple  of  $100  next  above  such—  % 
If  __%  of  the  contract  price  is  more  than  $3,000,  the  bond 
shall  be  drawn  in  a  sum  equal  to  the  next  higher  multiple 
of  $1,000." 

22.  Bonds  cannot  be  canceled.— Bonds  given  by  contractors 
are  never  canceled  and  the  sureties  remain  subject  to  any  claim  of 
the  government  arising  under  the  contract,  and  for  the  payment  of 
labor  and  material  claims  against  the  contractors  and  subcontrac- 
tors.   Suit  may  be  brought  within  one  year  after  the  final  settlement 
and  payment  under  the  contract.    See  Act  Feb.  24,  1905,  33  Stat, 
811  (p.  522). 

23.  Bonds,  printed  forms  of. — Forms  of  bonds  will  be  used 

as  follows: 

(a)  When  contractor  is  a  corporation,  Form  7-293c; 
(b)  when  the  contractor  is  a  firm  or  partnership,  Form 
7-293f,  and  (c)  when  the  contractor  is  an  individual.  Form 
7-293i.  Supplies  of  these  forms  should  be  kept  on  hand. 
Directions  with  respect  to  the  execution  of  bonds  and  the 
qualification  of  sureties,  both  individual  and  personal,  are 
printed  on  the  bond  forms. 

24.  Sureties. — Sureties  on  bonds  may  be  individuals  or  cor- 
porations engaged  in  the  surety  business  and  authorized  to  act  as 
sole  sureties  on  bonds  given  to  the  United  States  under  acts  of 
August  13,  1894  (28  Stat.,  297),  and  March  23,  1910  (36  Stat, 
241),  the  latter  being  preferred.     Sureties  are  not  entitled  to  any 
special  privileges  in  securing  information  relative  to  or  watching 
progress  of  work.     They  will  be  extended  only  the  same  privileges 
as  those  given  the  public  at  large.     They  may  be  permitted  to  com- 
plete work  under  suspended  contracts. 

25.  Sureties  on  individual  bonds. — Whenever  contracts  exe- 
cuted by  officers  in  the  field  are  accompanied  by  bonds-  with  individ- 
ual sureties  it  is  desired  that  a  report  showing  the  financial  respon- 
sibility of  each  surety  be  transmitted  to  the  Director,  or  to  the  su- 
pervising engineer  when  the  bond  is  to  be  approved  by  him,  with 
:opy  for  the  Director  which  will  be  forwarded  with  the  contract. 


CONTRACTS  87 

If  the  financial  standing  of  the  sureties  is  unknown,  investigation 
thereof  should  be  made  before  the  bond  is  forwarded  to  the  Di- 
rector, and  the  facts  as  to  the  sufficiency  of  the  bondsmen  should  be 
set  out  in  the  report  accompanying  the  bond. 

26.  Sureties,  inquiries  by. — Inquiries  addressed  to  officers  by 
sureties  on  contractors'  bonds  relative  to  the  condition  of  the  work 
should  be  promptly  acknowledged  and  at  once  referred,  with  report 
thereon,  to  the  Director  for  reply,  except  where  the  inquiry  is 
limited  to  the  single  question  as  to  whether  the  work  under  the 
contract  has  or  has  not  been  completed,  in  which  case  the  officer 
should  reply  stating  simply  the  fact  that  the  work  has,  or  has  not 
been  completed,  as  the  case  may  be. 

27.  Extension  of  time  on  construction  contracts. — Applica- 
tion for  extension  of  time  must  be  submitted  prior  to  the  expiration 
of  the  time  limit  in  the  contract.     The  necessary  papers  are  (a) 
the  application;  (b)  the  consent  of  sureties  on  the  bond;  and  (c) 
engineer's  certificate.     All  these  papers  must  be  in  duplicate — the 
originals  being  for  the  auditor. 

(a)  The  application  should  be  signed  by  the  contractor,  and 
state  the  causes  and  reasons  which  constitute  the  grounds  upon 
which  the  extension  is  asked.     These  causes  must  be  such  as  are 
contemplated  by  the  terms  of  the  contract  regarding  extension  of 
time. 

(b)  Consent  of  sureties  should  be  executed  in  the  same  formal 
manner  as  the  bond.    If  in  the  case  of  a  corporate  surety,  the  con- 
sent is  not  executed  by  the  same  officer  who  executed  the  bond, 
evidence  of  the  signer's  authority  to  act  for  the  company  should 
be  attached  to  the  consent;  or,  if  such  authority  has  been  previously 
filed,  reference  thereto  should  be  made.     In  case  sureties  refuse  to 
consent  to  an  extension,  the  contractor  may  secure  a  new  bond,  in 
same  amount  as  the  old  bond,  covering  the  contract  as  extended, 
and  the  new  bond,  if  satisfactory,  will  be  accepted  in  lieu  of  consent. 
Printed    forms    (7-628)    are    available    for    use    by    sureties    in 
executing  consent  to  the  granting  of  extension  of  time  to  the 
contractor. 

(c)  Engineer's  certificate  should  cover  all  valid  grounds   for 
extension  in  the  contract  claimed  by  the  contractor,  and  in  stating 
the  causes  of  delay,  should  follow  as  far  as  possible  the  language 
of  the  specifications  relative  to  causes  justifying  the  extension. 
It  should  contain  recommendation   for  extension   for  a  definite 


88  RECLAMATION   SERVICE   MANUAL 

period,  which  may  be  less,,  but  must  not  be  greater  than  that  asked 
by  the  contractor  in  his  application.  The  certificate  should  be 
as  brief  as  is  consistent  with  the  presentation  of  all  essential 
facts.  The  following  form  of  engineer's  certificate  should  be 
used  with  such  modifications  as  may  be  required  under  the  circum- 
stances relating  to  each  case,  the  clauses  in  parentheses  being 
omitted  when  not  applicable : 

I  hereby  certify  that  in  my  opinion  the  work  covered  by  contract 

No ,  dated ,  between  the 

United  States  and for 

Project was  subject  to  unavoidable  delays 

prior  to  the  expiration  of  the  time  limit  fixed  by  the  contract  (as 
heretofore  extended)  resulting  from  unforeseen  causes  that  were 
undoubtedly  unavoidable  and  beyond  the  control  of  the  contractor, 

to  the  extent  of days.  (These  delays  are  in  addition 

to  all  delays  for  which  extensions  have  heretofore  been  granted.) 
The  causes  of  such  delay  were  as  follows : 

I  therefore  recommend  that  under  the  provisions  of  paragraph 

of  the  specifications  of  the  contract  an  extension  of  time 

be  granted  covering  a  period  of days  (in  addition  to  the 

extensions  heretofore  granted). 


Engineer,  U.  S.  R.  S. 

When  liquidated  damages  are  involved,  the  certificate  should  in 
no  case  state  that  the  United  States  suffered  no  damage  by  reason 
of  the  delay.  (See  PAR.  29.) 

The  Comptroller,  following  the  decision  of  the  Supreme  Court 
in  the  Bethlehem  Steel  Co.  case  (205  U.  S'.,  121),  has  held  that 
it  is  not  necessary  to  inquire  or  consider  whether  the  Government 
suffered  any  actual  damage  or  not,  but  that  in  a  proper  case  where 
the  parties  to  the  contract  have  agreed  upon  and  liquidated  the 
damage  that  will  be  sustained  in  the  event  of  breach  of  contract 
neither  party  will  be  permitted  or  heard  to  say  that  there  was  no 
damage  (16  Comp.,  623.)  The  effect  of  such  statements  by  engi- 
neers is  to  embarrass  the  Service  by  encouraging  contractors  to 
resist  deduction  of  proper  damages.  It  is  moreover  difficult  to 
assume  a  case  in  which  some  damage  may  not  result  to  the  United 
States,  and  the  courts  alone  are  competent  to  determine  the  ques- 
tion. Engineers  therefore  should  under  no  circumstances  make 
written  or  oral  statements  to  the  effect  that  no  damage  has  resulted 
to  the  United  States  by  reason  of  the  failure  of  contractors  to  com- 
plete in  the  time  agreed  upon  or  allowed  by  extension. 


CONTRACTS  89 

(d)  The  power  of  the  Secretary  to  extend  a  contract  is  limited 
to  causes  that  were  beyond  the  control  of  the  contractors  within 
the  meaning  of  the  contract,  such  as  acts  of  Providence,  fortuitous 
events  or  the  like.     (Comptroller's  decision,  April  16,  1907,  Burke 
Construction  Company  contract,  North  Platte  project.) 

(e)  In  the  matter  of  granting  extension  of  time  under  a  con- 
tract where  there  is  no  provision  in  the  contract  that  requires  the 
causes   of   delay  to   be   ascertained   at   any  particular  time,   the 
allowance  of  additional  time  by  the  Secretary  of  the  Interior  on 
final  statement  of  account  did  not  prejudice  any  right  of  the  Gov- 
ernment.     (Compt.,  February  25,  1909;  contract  with  Nels  Olson, 
Shoshone  project.) 

28.  Extension  of  time,  further  explanation  by  engineer. — 
Any  explanatory  or  detailed  statement  which  does  not  belong  in  the 
certificate  should  be  incorporated  in  the  letter  of  transmittal  or 
separate  report  and  where  extension  is  not  recommended  no  cer- 
tificate need  accompany  the  papers,  but  the  facts  upon  which  such 
recommendation  is  refused  should  be  fully  stated  in  the  letter  of 
transmittal. 

29.  Extension   for   delay   for   definite   period. — "Where    the 
causes  of  delay  will  prevent  work  for  a  definitely  known  period,  as 
the  closing  of  all  work  by  winter  weather,  extension  may  be  granted 
to  cover  such  definite  delay,  but  in  such  cases  of  extension  no  pay- 
ment can  be  made  covering  work  performed  upon  the  portion  sub- 
ject to  the  extension  between  dates  of  closing  and  resuming  work. 
Where  a  contract  provides  for  damages  of  a  certain  amount  per 
day  for  every  day  occupied  in  excess  of  the  time  set  for  the  com- 
pletion of  the  contract,  the  word  "occupied"  used  in  this  connection 
is  construed  to  mean  that  the  duration  of  a  delay  shall  be  com- 
puted upon  a  basis  of  actual  working  days  exclusive  of  holidays  and 
Sundays.     An  executive  officer  has  no  authority  to  waive  the  pro- 
visions of  a  contract  relating  to  deductions  for  delays,  though  the 
United    States   has    suffered   no   loss    on   account   of    the    delay. 
(Comptroller's  decision,  December  5,  1906,  Hubbard  &  Carl- 
son contract,  Boise  project.) 

30.  Contractors,  instructions  to. — All  directions  given  by  the 
engineer  to  the  contractor,  either  explaining,  modifying  or  extend- 
ing the  specifications,  or  affecting  the  manner  of  performing  the 
work,  or  the  price  to  be  paid,  must  be  in  writing.     A  copy  thereof 
must  be  sent  the  Director,  and  another  retained  in  the  files  of  the 


90  RECLAMATION   SERVICE   MANUAL 

engineer.  The  letter  should  state  explicitly  that  no  extra  compen- 
sation will  be  paid,  or  if  extra  compensation  is  to  be  paid,  the  precise 
method  by  which  payment  will  be  computed  must  be  shown  with 
reference  to  the  paragraph  of  the  contract  providing  for  such  pay- 
ment. Such  directions  must  be  based  on  some  specific  provision  of 
the  contract,  and  the  paragraph  thereof  referred  to  by  number;  and 
should  state  the  results  to  be  accomplished,  leaving  the  contractor 
free  to  handle  the  details  as  he  sees  fit,  committing  the  Government 
to  responsibility  as  to  the  results  only.  As  such  directions  are 
liable  to  be  the  subject  of  controversy,  and  in  such  case  will  be 
closely  scrutinized  by  the  contractor  and  his  attorneys,  they  should 
be  clear  and  specific,  confined  to  statements  of  fact,  and  require- 
ments of  the  contract,  and  invariably  in  writing.  Wherever  prac- 
ticable the  assent  of  the  contractor  should  be  secured  in  writing, 
preferably  by  signing  an  acceptance  on  a  copy  of  the  order.  Any 
changes  in  the  work  which  constitute  a  material  deviation  from 
the  specifications  either  by  increase  or  decrease  in  quantity  of  work 
or  by  change  in  conditions  should  be  reported  to  the  Director  before 
the  work  is  commenced  so  that  the  question  of  securing  the  consent 
of  the  surety  may  be  considered  and  obtained  in  advance  if  deemed 
necessary.  (See  CONSTRUCTION,  PAR.  6.) 

31.  Suspension  of  contracts. — Construction  contracts  usually 
authorize  the  Director  to  suspend  the  contract  on  default  of  the 
contractor.  Whenever  the  Director  under  such  authority  has  sus- 
pended a  contract  immediate  possession  should  be  taken  by  the 
United  States  of  the  plant,  animals,  equipment,  material,  and  sup- 
plies of  the  contractor,  a  full  and  complete  inventory  of  the  same 
immediately  made,  and  copy  sent  the  Director.  This  inventory 
must  show  the  number  of  each  class  of  articles  and  amount  of  all 
supplies  taken,  their  present  condition,  with  their  original  and 
present  value.  When  taking  over  valuable  equipments  a  board  of 
appraisal  with  at  least  one  disinterested  person  should  be  appointed 
to  fix  the  values.  (See  also  ADVERTISEMENTS  AND  BIDS.)  Note 
the  following  Comptroller's  decisions  as  to  suspension  of  contracts : 

(a)  Suspension  of  contract,  status  of  contractor  on. In 

case  of  the  suspension  of  the  contract  the  United  States  has 
the  right,  as  provided  therein,  to  "take  possession"  of  all 
materials  belonging  to  the  contractor  delivered  on  the 
ground.  In  other  words,  under  such  circumstances  the 
contract  provides  that  the  United  States  shall  act  for  the 


CONTRACTS.  91 

contractor,  using  his  plant,  materials  and  appliances  as  far 
as  possible  for  the  completion  of  the  work.  There  is  no 
provision  in  the  contract  requiring  the  United  States  to  pur- 
chase or  pay  for  the  materials  thus  taken.  They  are  used 
by  the  United  States  on  the  contractor's  account  and  there 
exists  no  relationship  or  obligation  on  the  part  of  the  United 
States  to  outside  parties  who  have  furnished  materials  to 
the  contractor.  The  title  to  such  materials  will  legally  be 
presumed  to  have  passed  to  the  contractor  on  delivery  as  in 
the  case  of  any  other  personal  property  in  ordinary  cases. 
Of  the  materials  and  other  property  thus  taken  possession  of 
by  the  United  States,  an  accurate  record  should  be  kept  in 
order  that  in  the  final  settlement  of  the  contractor's  account 
his  proper  credits  may  be  definitely  ascertained.  An  accu- 
rate account  should  be  kept  of  the  cost  of  the  work,  includ- 
ing the  purchase  of  other  materials  in  order  that  the  excess 
cost  of  the  work,  if  any,  above  the  contract  price  may  be  de- 
termined and  due  payments  thereof  demanded  of  the  sure- 
ties. The  principle  stated  above  applies  equally  to  materials 
not  paid  for  by  the  contractor  that  have  been  used  in  the 
work.  (Comptroller's  decision,  April  20,  1906,  Widell- 
Finley  Co.  contract,  Lower  Yellowstone  and  Belle  Fourche 
projects.) 

(b)  Disposition  of  retained  percentage  upon  default. — 
In  case  of  default  by  a  contractor  any  retained  percentage 
becomes  the  property  of  the  United  States.  Such  forfeiture 
is  a  penalty  and  so  much  of  the  money  as  may  be  necessary 
to  compensate  the  United  States  for  damages  suffered  by 
reason  of  default,  including  delay  in  completion  of  the 
work,  may  be  deducted  therefrom.  (October  10,  1907; 
14  Compt.,  203.)  Where  under  the  terms  of  the  con- 
tract the  Government  upon  default  of  the  contractor  an- 
nulled the  contract  and  entered  into  an  agreement  with  an- 
other contractor  for  the  completion  of  the  work  called  for 
by  the  annulled  contract,  the  10  per  cent  reserved  under  the 
terms  of  the  annulled  contract  from  payments  to  the  de- 
faulting contractor  to  secure  completion  of  the  work  can 
not  be  paid  to  said  defaulting  contractor  until  the  work 
provided  for  in  his  contract  has  been  completed  or  stopped 
by  the  Government.  (February  10,  1908;  14  Compt., 
496.)  But  when  the  contract  becomes  impossible  of  fulfil- 
ment without  default  of  either  party  the  retained  percentage 
may  be  paid.  (April  11,  1908;  14  Compt,  677.)  Money 
letained  under  a  defaulted  contract  should  be  retained  until 
the  entire  work  is  completed.  Upon  final  settlement  after 
the  work  has  been  completed  the  rights  of  all  the  parties  in 
interest  can  be  settled  as  to  the  retained  fund.  (Comp- 


92  RECLAMATION   SERVICE)   MANUAL 

trailer's  decision,  August  6,  1908,  Orman  &  Crook  contract, 
Belle  Fourche  project.) 

32.  Suspended  contract,  property  taken  over  under. — Prop- 
erty taken  possession  of  by  the  United  States  under  suspended  con- 
tracts must  not  be  surrendered  to  any  person  in  the  absence  of  in- 
structions from  the  Director,  and  no  such  instructions  will  be  issued 
except  upon  conclusive  proof  of  ownership  and  right  of  possession 
by  such  person  or  upon  judicial  order  directing  such  surrender. 
The  relation  existing  between  principal  and  surety  is  not  such  as  to 
justify  the  taking  by  the  United  States  of  the  property  of  the 
surety  under  that  provision  of  the  contract  authorizing  the  United 
States  to  suspend  the  contract  in  case  of  default  and  take  posses- 
sion of  all  machinery,  tools,  etc.,  even  though  the  property  is  in  the 
possession  of  the  contractor  and  is  being  used  as  his  own  in  the 
construction  of  the  works.     Unless  there  is  satisfactory  proof  that 
any  property  in  the  possession  of  a  contractor  used  in  the  con- 
struction of  the  works  is  the  property  of  another,  possession  should 
be  taken  of  all  the  property  in  such  use  by  him,  and  if  ownership 
is  claimed  by  another  party,  he  should  be  required  to  prove  his  title 
to  the  property  before  it  is  released.      (Secretary's  decision  of 
September  14,  1906,  Charles  Spear  contract,  Corbett  tunnel.) 

33.  Suspended  contract,  inventory  and  final  account  under. — 
Upon  statement  of  the  final  account  under  a  suspended  contract,  a 
full  and  complete  inventory  must  be  made  of  all  property  remaining 
on  hand,  possession  of  which  was  taken  by  the  United  States  under 
the  terms  of  the  contract.    This  inventory  should  show  the  number 
of  each  class  of  articles  and  amount  of  supplies  on  hand,  their  pres- 
ent condition,  with  the  statement  of  the  present  and  original  value 
thereof.     (See  also  CONTRACTS,  SUSPENDED,  ACCOUNTING  FOR.) 

34.  Labor  and  material  claims.— Claims  of  laborers  and  ma- 
terial men  against  contractors  cannot  be  settled  by  the  United  States 
and  the  claims  of  the  Government  are  by  law  made  prior  to  all 
others.    See  Act  Feb.  24,  1905,  33  Stat,  811,  p.  521.    The  bond  of 
the  contractor  covers  his  obligation  to  make  prompt  payments  to 
persons  furnishing  labor  or  material  for  the  work.    Persons  having 
such  claims  may  intervene  in  any  action  by  the  United  States  on  the 
bond,  or  if  the  United  States  does  not  commence  such  action  within 

c  months  from  the  completion  and  final  settlement  under  a  con- 
tract, such  claimant  may  bring  suit  on  the  bond  in  the  name  of  the 


CONTRACTS,  93 

United  States  for  his  own  benefit,  but  must  do  so  within  a  year  after 
final  settlement.  The  matter  is  covered  by  act  of  August  13,  1894 
(28  Stat,  278)  as  amended  by  act  of  February  24,  1905  (33  Stat, 
811).  See  p.  521,  for  the  act  of  February  24,  1905. 

35.  Certified  copies  of  contracts  and  bonds. — The  Act  of 
February  24,  1905  (33  Stat.,  811),  provides  that  creditors  of  con- 
tractors and  sub-contractors  on  public  works  may  intervene  in  any 
suit  brought  by  the  United  States  on  the  bond,  or  if  no  such  suit  be 
instituted  within  six  months  after  completion  and  final  settlement 
under  the  contract,  such  creditors  may  secure  certified  copy  of  the 
contract  and  bond  upon  affidavit  that  labor  or  material  has  been 
furnished  and  no  payment  made  therefor  and  upon  such  copies  in- 
stitute suit  in  their  own  behalf.     The  Department  has  held  that    • 
certified  copies  may  be  furnished  upon  proper  affidavit  before  the 
expiration  of  said  six  months  period  and  after  the  Auditor  for  the 
Interior  Department  has  issued  certificate  of  settlement  under  final 
estimate  supported  by  release  as  required  by  the  contract. 

36.  Transmission  of  contracts  to   Director. — All   contracts 
must  be  transmitted  to  the  Director.     Form  7-523t  should  be 
used  for  the  transmission  of  contracts  executed  on  Form  7-523, 
and  Form  7-523a-t  for  the  transmission  of  contracts  on  Form 
7-523a.     Contracts    involving  the    expenditure   or   receipt    of 
money  must  be  accompanied  by  two  full  and  complete  copies. 
The  original  contract  is  filed  in  the  office  of  the  Auditor  for  the 
Interior  Department.     The  copies  are  for  the  Director's  office 
and  for  the  Returns  Office.     Contracts  not  involving  the  ex- 
penditure  or  receipt  of  money  should  be  accompanied  by  but 
one  copy,  which  is  for  the  Returns  Office. 

37.  Washington  office   copy  of  contracts. — The    Director's 
copy  is  for  the  files  of  the  Washington  Office,  and  should  be  stamped 
"Approved  as  to  form"  and  initialed  by  the  examiner.     Where 
money  is  not  expended  or  received  under  a  contract,  the  original  is  the 
Director's  copy  and  should  be  stamped  and  initialed  as  directed  above. 
When  no  examiner  or  assistant  examiner  is  stationed  at  the  project 
office,  a  contract  of  well-established  form  and  following  common 
practice  without  change,  may  be  forwarded  to  the  Director  without 
such  approval  as  to  form. 

38.  Contracts  to  be  filed  in  Returns  Office  within  30  days. — 
The  Act  of  June  2,  1862  (12  Stats.,  411),  "to  prevent  and  punish 
fraud  on  the  part  of  officers  entrusted  with  making  contracts  for  the 


94  RECLAMATION   SERVICE   MANUAL 

Government,"  established  in  the  Interior  Department,  a  Returns 
Office,  in  which  must  be  filed  copies  of  all  contracts  made  by  the 
Secretary  of  War,  the  Secretary  of  the  Navy  and  the  Secretary 
of  the  Interior,  "or  by  their  officers  under  them . appointed  to  make 
such  contracts."  The  provisions  of  the  act  have  been  carried  into 
the  Revised  Statutes  as  sections  512  to  515  inclusive,  and  sections 
3744  to  3747  inclusive.  Section  3744  provides  that  the  officer  mak- 
ing and  signing  the  contract  shall  file  the  same  in  the  Returns 
Office  as  soon  as  possible,  "and  within  thirty  days."  Section  3746 
prescribes  a  penalty  for  failure  of  such  officer  to  file  the  contract 
within  30  days,  unless  prevented  from  so  doing  by  "unavoidable 
accident,  or  causes  not  within  his  control." 

39.  Delays  in  filing  contracts  in  Returns  Office. — The  As- 
sistant Attorney  General  for  the  Department  rendered  an  opinion 
on  September  5,  1911,  approved  by  the  Department  the  same  date, 
from  which  the  following  is  a  quotation : 

"The  Secretary  of  the  Interior  can  only  know  when  an 
officer  executing  a  contract  has  violated  the  law  by  the  de- 
lay in  filing  the  return,  but  he  cannot  know  whether  such 
delay  was  for  'unavoidable  accident  or  causes  not  within  his 
control.'  That  must  be  determined  by  the  head  of  the  De- 
partment having  supervision  over  such  contract." 

40.  Certificate  when  contracts  not  filed  within  30  days. — If  a 

contract  cannot  be  filed  in  the  Returns  Office  within  the  time  speci- 
fied by  law,  a  statement  should  be  attached  thereto,  as  the  last  paper 
in  the  return,  setting  forth  the  "unavoidable  accident,  or  causes 
not  within  his  control,"  which  prevented  the  filing  of  the  contract 
within  thirty  days.  If  the  reasons  set  forth  are  found  by  the  Di- 
rector to  be  well  founded,  he  will  approve  the  statement  before 
transmitting  the  contracts  to  the  Returns  Office. 

41.  When  30-day  period  begins  to  run. — Under  date  of  Oc- 
tober 24,  1911,  the  Department  decided  that  the  thirty-day  period 
within  which  contracts  executed  by  one  officer  subject  to  the  ap- 
proval of  another,  must  be  filed  in  the  Returns  Office  begins  to  run 
from  the  date  of  such  approval.     Where  contracts  become  effective 
immediately  upon  execution,  the  30-day  period  begins  to  run  from 
the  date  the  contract  was  actually  signed  on  behalf  of  the  United 
States  irrespective  of  the  date  in  the  preamble  of    the  contract. 
Where  a  small  contract  is  executed  by  the  supervising  or  acting 


CONTRACTS.  95 

supervising  engineer  at  a  date  later  than  the  date  of  the  contract,  it 
will  be  necessary  to  attach  to  the  Returns  Office  copy  a  memoran- 
dum on  a  separate  slip,  showing  the  date  on  which  the  contract  was 
signed  by  the  supervising  or  acting  supervising  engineer. 

42.  Instructions  for  filing  contracts  in  Returns  Office. — In  or- 
der that  the  returns  of  contracts  filed  in  the  Returns  Office  may  be 
prepared  in  a  uniform  manner,  the  following  instructions  should  be 
strictly  observed : 

1.  Returns  should  be  arranged  and  consecutively  numbered  in  the 
following  order: 

(1)  Oath  of  disinterestedness  of  the  contracting  officer  (unless 
printed  on  the  contract  form). 

(2)  Copy  of  contract. 

(3)  Copy  of  advertisement. 

(4)  Original  accepted  proposal. 

(5)  Original  rejected  proposals  in  order. 

2.  When  a  proposal  is  the  basis  of  two  or  more  contracts : 

(a)  All  original  rejected  bids  should  be  attached  to  one  of  the 
contracts. 

(b)  Each  original  accepted  proposal  should  be  attached  to  the 
contract  to  which  it  relates. 

(c)  Notation  should  be  made  on  each  affidavit  of  disinterested- 
ness with  the  first  contract,  except  that  "The  rejected  proposals  are 

attached  to  the  contract  made  with 

dated  for  " 

(d)  A  duplication  of  blueprints,  plans  and  specifications  may  be 
avoided  by  a  similar  procedure. 

3.  Miscellaneous  instructions  for  Returns  Office  copies : 

(a)  Contract  should  be  correctly  dated. 

(b)  Contract  should  show  copy  of  the  contractor's  signature. 

(c)  Contract  should  show  copy  of  the  contracting  officer's  sig- 
nature. 

(d)  Jurat  should  be  correctly  dated. 

(e)  The  designation  of  the  authority  of  the  authenticating  officer 
to  administer  oaths  should  be  added  after  the  signature  to  the  jurat. 

(f)  The  Returns  Office  has  a  flat  filing  system  having  a  maxi- 
mum capacity  of  14  by  8^  inches,  and  blueprints,  etc.,  should  be 
transmitted  smoothly  folded  to  this  dimension  in  such  a  manner 
that  the  first  three  papers  may  be  examined  for  indexing  purposes 
without  the  necessity  of  unfolding. 


96  RECLAMATION   SERVICE   MANUAL, 

(g)  The  upper  right-hand  corner  of  the  first  paper  in  the  re- 
turn should  be  reserved  for  file-numbering  purposes. 

4.  Ribbons  and  seals  will  be  attached  in  the  Washington  office, 
and  Returns  Office  copies  of  contracts  will  be  forwarded  by  the 
Director  to  Returns  Office.  Copies  of  bonds  are  not  filed  in  the 
Returns  office. 

43.  Renewed  or  amended  contracts.— All  letters  transmitting 
renewals  or  amendments  of  contracts  should  in  each  instance  state 

'  \that  fact,  and  give  date  of  the  contract  renewed  or  amended. 

44.  Leases  of  government  equipment. — Only  under  certain 
.exceptional  conditions  will  authority  be  given  to  lease  or  loan  idle 

plant  or  equipment,  as  where  a  county  is  not  equipped  with  road 
machinery  and  the  like,  the  use  of  a  road  grader,  or  other  appro- 
priate idle  machinery  may  be  loaned  or  leased.  To  obtain  authority 
in  such  cases,  the  supervising  engineer  should  make  full  report 
and  recommendation  to  the  Director,  specifying  the  terms  of  lease, 
which  should  contain  provisions  for  protection  of  the  property  and 
3  its  safe  return  to  the  Service.  See  LEASES  OP  GOVERNMENT  LAND. 

45.  Termination  of  contracts,  notice  of. — Notice  of  termina- 
tion of  contract  should  be  promptly  given  to  the  Director  whenever 
a  contract,  indefinite  as  to  time  of  termination,  is  terminated.   {See 
Par.  10. 

46.  Licenses  to  cross  government  right  of  way. — The  neces- 
sity has  arisen  in  many  instances  for  authority  on  the  part  of  home- 
stead entrymen  and  the  owners  of  private  lands  under  reclamation 
projects  to  build  certain  structures,  such  as  bridges,  culverts,  and  the 
like  on  or  across  rights  of  way  owned  or  controlled  by  the  United 
States.    It  is  to  the  interests  of  the  public  and  the  project  that  such 
authority  be  given  with  certain  limitations  and  in  pursuance  of  the 
authority  conferred  upon  the  Director  by  the   Secretary  of  the 
Interior  on  July  6,  1909,  the  Supervising  and  Project  engineers  are 
authorized  to  approve  in  favor  of  the  owner  or  possessor  of  lands 
within  the  various  projects  a  revocable  license  on  Form  7-296, 
which  should  be  renewed  every  five  years  at  least,  or  sooner  in  case 
the  property  changes  hands.    jFor  full   instructions    see    STRUC- 
TURES OVER  DITCHES  AND  CANALS.  | 

47.  Fences  across  government  right  of  way. — Authority  for 
the  construction  of   fences  by  licensees  as  provided   in   Par.   46, 
should  be  allowed  only  in  exceptional  cases  and  under  carefully 
drawn  conditions  and  only  with  the  approval  of  the  Supervising 


CONTRACTS.  97 

Engineer,  since  the  general  policy  of  the  Service  is  not  to  permit  the 
erection  of  fences  across  rights  of  way. 

48.  Licenses,  filing  copies  of. — Copies  of  such  licenses  need 
not  be  filed  in  the  Washington  office,  but  must  be  preserved  in  both 
the  local  and  supervising  engineer  offices. 

49.  Transportation  contracts. — Copies  of  all  contracts  involv- 
ing transportation  or  related  matters  should  be  sent  the  Transpor- 
tation Office  at  Chicago.  "  >'  ' 

50.  Congressional  clause. — All  Reclamation  Service  contracts 
must  by  law  (Sec.  3741  R.  S.)  and  Departmental  regulation  con- 
tain the  following  provision : 

"No  Member  of,  or  Delegate  to  Congress,  or  Resident 
Commissioner,  after  his  election  or  appointment,  or  either 
before  or  after  he  has  qualified  and  during  his  continuance 
in  office,  and  no  officer,  agent  or  employee  of  the  Govern- 
ment, shall  be  admitted  to  any  share  or  part  of  this  contract 
or  agreement,  or  to  any  benefit  to  arise  thereupon.  Nothing, 
however,  herein  contained  shall  be  construed  to  extend  to 
any  incorporated  company,  where  such  contract  or  agree- 
ment is  made  for  the  general  benefit  of  such  incorporation 
or  company,  as  provided  in  Section  116  of  the  Act  of  Con- 
gress approved  March  4,  1909  (35  Stat.  L.,  1109)." 

51.  Non-assignment  clauses. — All  contracts,  except  contracts 
for  the  lease  of  real  property  to  the  United  States,  must  contain  the 
non-assignment  clause,  which  is  as  follows : 

No  interest  in  this  agreement  shall  be  transferred  to  any 
other  party,  and  any  such  transfer  shall  cause  annulment  of 
the  contract  so  far  as  the  United  States  is  concerned;  all 
rights  of  action,  however,  for  breach  of  this  contract  are 
reserved  to  the  United  States,  as  provided  by  section  3737, 
Revised  Statutes  of  the  United  States. 

52.  Eight-hour  law,  foreign  labor  and  convict  labor. — In  all 

contracts  providing  for  the  performance  of  labor  or  construction 
work,  the  following  clause  should  be  inserted  :* 

In  all  construction  work  eight  hours  shall  constitute  a 
day's  work  and  no  Mongolian  labor  shall  be  employed 
thereon.  The  importation  of  foreigners  and  laborers  under 

*  See  also  "EiGHT-HouR  LAW." 


98  RECLAMATION   SERVICE   MANUAI, 

contract  to  perform  labor  in  the  United  States  or  the  Terri- 
tories, or  the  District  of  Columiba,  is  prohibited.  (Sec. 
3738  Rev.  Stat.  U.  S.;  act  of  August  1,  1892,  27  Stat.  L., 
340;  section  4,  act  June  17,  1902,  32  Stat.  L.,  388;  act  Feb. 
26,  1885,  23  Stat.  L.,  332;  and  act  Feb.  23,  1887,  24  Stat, 
L.,  414.)  In  the  performance  of  this  contract  no  persons 
shall  be  employed  who  are  undergoing  sentences  of  impris- 
onment at  hard  labor  that  have  been  imposed  by  courts  of 
the  several  States  and  Territories  or  municipalities  having 
criminal  jurisdiction.  (Executive  Order,  May  18,  1905). 

53.  Mortgaging  of  plant,  etc. — In  all  contracts  for  service  in- 
volving the  use  of  construction  implements,  or  so-called  "plant," 
the  following  provision  should  be  inserted: 


The  contractor  shall  not,  under  any  circumstances,  give 
or  execute  any  mortgage,  deed  of  trust  or  other  convey- 
ance or  instrument  of  any  description,  affecting  or  intended 
to  affect  his  right,  title,  interest,  or  property  in  or  to  any 
plant,  machinery,  tools,  appliances,  materials  or  animals, 
that  may  at  any  time  be  used  in  the  prosecution  of  this 
*  contract. 

54.  Clause  creating  special  lien  in  favor  of  United  States. — 
In  all  contracts  where  applicable  the  lien  clause  which  appears  in 
the  paragraph  regarding  suspension  of  the  standard  specifications 
should  be  incorporated,  as  follows: 

A  special  lien  to  secure  the  claims  of  the  United  States  in 
the  event  of  suspension  of  the  contract  is  hereby  created 
against  any  property  of  the  contractor  taken  into  the  pos- 
session of  the  United  States  under  the  terms  hereof  and 
such  lien  may  be  enforced  by  a  sale  of  such  property  under 
the  direction  of  the  Secretary  of  the  Interior,  hereinafter 
styled  Secretary,  and  the  proceeds  of  the  sale,  after  deduct- 
ing all  expenses  thereof  and  connected  therewith,  shall  be 
credited  to  the  contractor.  If  such  net  proceeds  shall  be  in 
excess  of  the  claims  of  the  United  States  against  the  con- 
tractor the  balance  will  be  paid  to  the  contractor  or  his  legal 
representatives. 

55.  Purchase  of  patented  articles. — In  all  contracts  providing 
for  the  purchase  or  use  by  the  United  States  of  machinery  or 
materials  the  sale  of  which  may  be  subject  by  virtue  of  the  pat- 


CONTRACTS.  99 

ent  laws  to  claims  of  persons  or  corporations  not  party  to  such 
contracts,  the  following  paragraphs  should  be  made  part  of 
the  contract : 

Patents. — The  contractor  shall  hold  and  save  the  United 
States,  its  officers,  agents,  servants,  and  employees  harmless 
from  and  against  all  and  every  demand,  or  demands,  of  any 
nature  or  kind,  for  or  on  account  of  the  use  of  any  patented 

Patents.  The  contractor  shall  hold  and  save  the  United 
invention,  article  or  appliance  included  in  the  material  or 
supplies  hereby  agreed  to  be  furnished  under  this  contract, 
and  should  the  contractor,  his  agents,  servants,  or  employees, 
or  any  ,of  them  be  enjoined  from  furnishing  or  using  any 
invention,  article,  material  or  appliance  supplied  or  required 
to  be  supplied  or  used  under  this  contract,  the  contractor 
shall  promptly  substitute  other  articles,  materials  or  appli- 
ances in  lieu  thereof,  of  equal  efficiency,  quality,  finish,  suit- 
ability and  market  value,  and  satisfactory  in  all  respects  to 
the  United  States.  Or,  in  the  event  that  the  United  States 
elects,  in  lieu  of  such  substitution  to  have  supplied,  retain 
and  use,  any  such  invention,  article,  material  or  appliance, 
as  may  by  this  contract  be  required  to  be  supplied,  in  that 
event  the  contractor  shall  pay  such  royalties  and  secure  such 
valid  licenses  as  may  be  requisite  and  necessary  to  enable  the 
United  States,  its  officers,  agents,  servants  and  employees,  or 
any  of  them,  to  use  such  invention,  article,  material  or  appli- 
ance, without  being  disturbed  or  in  any  way  interfered  with, 
by  any  proceeding  in  law  or  equity  on  account  thereof. 
Should  the  contractor  neglect  or  refuse  promptly  to  make 
the  substitution  hereinbefore  required,  or  to  pay  such  royal- 
ties and  secure  such  licenses  as  may  be  necessary  and  requi- 
site for  the  purpose  aforesaid,  then  in  that  event  the  United 
States  shall  have  the  right  to  make  such  substitution,  or  to 
pay  such  royalties  and  secure  such  licenses,  and  to  charge  the 
cost  thereof  against  any  money  due  the  contractor  from  the 
United  States,  or  to  recover  the  amount  thereof  from  him 
and  his  surety,  notwithstanding  final  payment  under  this 
contract  may  have  been  made. 

r — i 
56.  Damages,  unliquidated. — No  contracts  should  be  entered 

into  undertaking  to  fix  the  amount  of  damages,  not  sounding  in 
tort,  unless  there  was  in  existence,  at  the  time  the  damages  were 
suffered  or  alleged  to  have  been  suffered,  some  contract  provision 
fixing  the  amount  of,  or  defining  a  method  of  fixing  such  damages. 
The  remedy  in  the  absence  of  such  contract  provision  is  by  appro- 

JE 


100  RECLAMATION   SERVICE   MANUAL 

priate  proceedings  in  court.  This  paragraph  does  not  forbid  the 
liquidation  of  damages  in  advance,  as,  for  example,  stipulating  that 
the  damages  suffered  will  be  liquidated  at  $10.00  per  diem,  or  that  the 
.engineer  shall  fix  the  damages  in  certain  specified  cases. 

57.  Contracts  necessitating  performance  by  United  States. — 
In  all  contracts,  particularly  for  the  purchase  of  land,  where  it  is 
necessary  for  the  Government  to  perform  any  work  as  a  part  of 
the  consideration,  an  estimate  of  the  cost  of  such  work  should 
accompany  the  contract.      No   provision   committing  the.  United 
States  to  an  obligation  of  perpetual  maintenance  will  be  accepted 
unless  it  is  clearly  shown  that  such  obligation  cannot  be  avoided 
without  involving  unreasonable  conditions. 

58.  Meat,  inspection  of. — All  meat  purchased  through  con- 
tract or  otherwise  by  the  Reclamation  Service  must,  wherever  prac- 
ticable, be  "U.  S.  inspected  and  passed,"  in  accordance  with  the  act 
of  Congress  approved  June  30,  1906   (34  Stat,  674),  and  acts 
amendatory  thereof.     All  proposals  should  state  that  all  meat  not 
so  inspected  and  passed  may,  at  the  option  of  the  United  States,  be 
subject  to  an  inspection  at  the  expense  of  the  contractor  equivalent 
to  that  required  by  the  national  meat  inspection  act  of  June  30, 
1906,  and  acts  amendatory    thereof    or    supplementary    thereto, 
and  that  all  meat  not  passed  under  such  inspection  will  be  re- 

J       jested. 

59.  Contracts  with  railroad  companies. — Contracts  with  rail- 
road companies  for  crossings  should  embody  a  definite  plan  of  con- 
struction adequate  to  assure  the  safety  of  the  railway  traffic  and 
the  cost  of  carrying  out  such  definite  plan  should  be  paid  by  the 
United  States.     The  railroad  company  should  be  free  at  all  times 
to  take  such  measures  as  it  deems  necessary  to  maintain  the  safety 
of  the  crossing  under  such  conditions  as  may  arise,  including  even 
changes  of  grade,  or  other  changes  by  the  railroad;  but  the  rail- 
road company  should  not  be  empowered  to  stop  the  flow  of  water 
in  the  canals  for  a  longer  time  than  is  reasonably  necessary.     The 
United  States  should  be  obligated  to  pay  the  reasonable  cost  of 
maintaining  safety  at  the  crossing  in  the  original  status  of  such 
crossing,  or  as  it  may  be  affected  by  any  changes  necessitated  by  nat- 
ural phenomena  or  by  law,  but  it  should  not  be  held  to  pay  any 
further  expense  connected  with  the  crossing  that  the  railroad  com- 
pany may  care  to  incur.     If  any  railroad  company  is  unwilling  to 


CONTRACTS.  101 

contract  on  these  terms,  condemnation  proceedings  should  be  rec- 
ommended. (See  Circular  Letter  of  February  14,  1912,  giving 
standard  form  of  railroad  crossing  contract.) 

60.  Animals,  contracts  for  hire  of. — In  making  contracts  for 
the  hire  of  animals,  the  following  article  should  be  inserted : 

The  United  States  agrees  to  exercise  ordinary  care  while 
the  animals  are  in  the  possession  of  the  Government;  but  it 
is  expressly  understood  that  the  Government  will  not  be 
responsible  -for  the  loss  of  or  injury  to  said  animals  on 
account  of  any  livestock  diseases  or  any  other  cause. 
(See  ANIMALS,  HIRE  OP). 

61.  Referees  not  allowed  on  Government  contracts. — No  con- 
tract shall  be  made  nor  language  used  in  a  contract  which  would 
require  the  Government  to  submit  its  affairs  to,  nor  agree  that 
judgment  be  passed  upon  its  acts  by  any  individual  or  organization. 

62.  Release. — Whenever  a  contract  provides  for  a  release 
the  same  should  be  duly  executed  on  Form  7-292  by  the  contractor 
before  final  payment  is  made  to  him.     The  release  should  be  signed 
and  sworn  to  before  a  notary  public. 

63.  Equipment,  contractor's  refund  of  freight  charges  on. — 
The  Service  is  entitled  to  refund  on  contractor's  shipments  of  ma- 
terials, supplies  and  equipment  from  the  projects  the  same  as  on 
shipments  to  the  projects  under  contracts  with  the  various  railroads. 
Project  engineers  are  directed  wherever  possible  to  secure  copies  of 
expense  bills  for  shipments  to  projects  and  copies  of  way  bills  for 
shipments  from  the  projects  as  soon  after  the  shipment  is  made  as 
convenient.    A  close  watch  should  be  kept  at  all  times  on.  such  ship- 
ments in  order  that  the  refunds  to  which  the  Service  is  entitled  may 
be  claimed.    Ten  cents  each  may  be  paid  to  railroad  agents  for  mak- 
ing copies  of  such  expense  bills  and  way  bills.    These  copies  should 
be  transmitted  promptly  to  the  transportation  office  at  Chicago  for 
preparation  and  presentation  of  the  claim. 

64.  Estimates,  contract. — Contract    estimates  dated    su£se- 
quent  to  the  date  of  expiration  of  the  time  limit  of  the  contract,  in- 
cluding the  latest  formal  extension  thereof  must  be  accompanied 
by  a  statement  from  the  project  manager  as  to  whether  the  work 
under  the  contract  has  been  completed,  and  if  so,  the  date  of  com- 
pletion.    This  information  is  essential  for  the  preparation  of  the 
papers  for  presentation  to  the  Auditor,  and  in  order  that  proper 


IQ2  RECLAMATION   SERVICE   MANUAL 

deduction  of  liquidated  damages  or  other  penalties  may  be  made, 
or  the  lack  of  necessity  therefor  may  be  shown.  All  estimates  of 
work  done  under  construction  contracts  should  be  forwarded  to  the 
Director  as  promptly  as  possible  after  the  first  of  the  month,  with 
three  memorandum  copies  in  each  case.  Project  managers  should 
require  constructing  engineers  and  inspectors  to  furnish  the  data 
for  the  estimates  as  soon  as  possible  after  the  last  day  of  the  pre- 
ceding month,  and  the  estimates  should  be  prepared  immediately. 
At  best  there  will  be  a  considerable  delay  in  the  receipt  of  the  war- 
rant. The  average  length  of  time  for  the  mail  to  come  from  the 
field  to  Washington  is  four  days.  Assuming  only  one  day  for  ex- 
amination and  registration  in  the  Director's  office,  and  ten  days 
for  examination,  certification  and  issuance  of  the  warrant  in  the 
Treasury,  there  is  a  delay  of  approximately  20  days,  which  may 
embarrass  the  contractor  and  seriously  handicap  the  work.  Pay- 
ments are  made  on  contract  claim,  Form  7-442  (short),  and  Form 
7-444  (long). 

65.  "Holdback"  computation  and   payment  of. — In  comput- 
ing 50  per  cent  of  the  face  value  of  a  contract  for  construction  upon 
which  a  deduction  of  20  per  cent  is  retained,  the  whole  amount  of 
work  under  the  contract  must  be  considered  and  not  merely  the 
estimated   amount.      (Comptroller's   decision,    February   2,    1907, 
Dead  wood  Construction  Company  contract,  North  Platte  project.) 
Retained  percentages  of  progress  estimates  under  contracts  may  be 
paid  as  soon  as  the  work  is  completed  to  the  satisfaction  of    the 
United  States  without  waiting  for  the  execution  of  release,  unless 
no  payment  remains  due  other  than  such  retained  percentages,  or 
unless  the*  contract  contains  som'e  provision  varying  from  this  rule 
which  is  that  of  the  standard  specification. 

66.  Appeals. — Appeals  to  the  Secretary,  on  the  part  of  con- 
tractors from  the  decision  of  the  director  or  the  chief  engineer  will 
be  allowed  only  upon  the  following  conditions: 

That  appeals  be  limited  to  specific  points  definitely  outlined  and 
submitted  in  writing,  and,  so  far  as  possible,  corroborated  by  the 
records  of  the  Reclamation  Service  before  submission  to  the  De- 
partment. 

That  appeals  be  restricted  to  questions  involving  the  legal  inter- 
pretation of  the  contract  or  to  charges  attacking  the  integrity  of 
officers  of  the  Reclamation  Service,  the  decision  of  the  Director  or 


CONTRACTS.  103 

the  chief  engineer  on  questions  of  fact  (other  than  such  as  involve 
the  integrity  of  officers  of  the  service),  or  engineering,  or  technical 
details  to  be  final. 

That  the  Secretary  may,  in  his  discretion,  allow  the  contractor  or 
his  attorney  opportunity  to  be  heard  orally,  but  the  points  to  be  pre- 
sented must  be  submitted  in  writing  not  less  than  ten  days  in  ad- 
vance of  the  hearing,  which  shall  be  had  at  such  time  and  be  con- 
fined to  such  specific  points  as  the  Secretary  may  determine.  (Sec- 
retary, Februarv  26.  1909.) 

67.  Sections  3709  and  3744  R.  S.  compared.— Sec.  3744  R.  S. 
(p.  524)  refers  exclusively  to  the  form  of  the  agreement,  and  it 
is  assumed  that  a  contract  executed  in  accordance  with  the  require- 
ments of  Sec.  3744  is  a  formal  contract,  within  the  meaning  of  the 
act  of  Congress  approved  February  24,  1905  (33  Stat,  811 ).     On 
the  other  hand,  Sec.  3709  (p.  523)  refers  exclusively  to  the  com- 
petition which  is  to  be  secured  through  advertising,  whenever  there 
does  not  exist  a  public  exigency  requiring  immediate  delivery  or 
performance. 

68.  Decision  of  Comptroller. — The  Comptroller  of  the  Treas- 
ury has  decided  that  in  addition  to  a  case  of  exigency  advertising  is 
unnecessary  under  circumstances  where  there  can  be  no  competi- 
tion.    (3  Comp.,  175  and  470.) 

69.  Decision  of  the  United  States  Supreme  Court. — The  Su- 
preme Court  has  held  that  when  there  is  an  invalid  agreement,  writ- 
ten or  oral,  under  which  work  has  been  done  or  material  delivered, 
the  party  is  entitled,  upon  a  contract  implied  by  law,  to  a  fair  price 
therefor,  which  may  be  assumed  to  be  that  stipulated  in  the  informal 
agreement  (Clark  v.  U.  S.,  95  U.  S.,  539;  St.  Louis  Hay  and  Grain 
Co.,  v.  United  States,  191  U.  S.,  159,  163;  United  States  v.  An- 
drews, 207  U.  S.,  229,  243). 

70.  Informal  contract  sufficient  in  case  of  immediate  delivery. 
—The  Comptroller  of  the  Treasury  has  decided    (decision    not 

printed)  that  contracts  or  agreements  upon  which  nothing  thereafter 
remains  to  be  done,  and  which  are  executed  and  completed  imme- 
diately upon  the  conclusion  of  the  agreement,  need  not  be  reduced 
to  writing  and  filed,  as  provided  in  Sec.  3744  R.  S.,  but  may  be  less 
formal,  and  may  be  made  by  oral  agreement,  or  by  written  proposal 
and  acceptance  thereof.  The  word  "immediately"  as  here  used  is  to 
be  interpreted  in  a  reasonable  manner,  and  from  all  the  attending 
circumstances  in  each  particular  case.  If  the  supplies  are  to  be  de- 


104  RECLAMATION   SERVICE   MANUAL 

livered  immediately,  that  is,  if  the  shipment  is  to  be  made  within, 
say,  thirty  days  from  receipt  of  order,  or  if  the  services  are  to  be 
performed  at  once,  an  informal  agreement  will  be  sufficient  under 
the  above  decision  of  the  Comptroller.  If,  however,  considerably 
more  than  30  days  will  elapse  before  shipment  is  made,  or  if  the 
services  or  deliveries  are  to  be  continuous,  formal  contracts  must  be 
entered  into. 

71.  Executory  contracts,  Section  3744  R.  S.  applies  to.  —  Sec- 
tion 3744,  therefore,  affects  only  such  contracts  as  are  to  be  per- 
formed in  whole  or  in  part  in  the  future,  or  are  continuing  and 
require  payments  to  be  made  from  time  to  time  —  that  is,  such 
as  are  known  technically  as  executory  contracts. 

72.  Postdating  service  under.  —  In  accordance  with  the  above, 
no  payment  can  be  made  under  a  contract  for  a  period  prior  to 
its  date.     As  to  claims  prior  to  the  execution  of  the  contract, 
vouchers  should  be  prepared  covering  the  expenditures  for  such 
period,  accompanied  by  a  certificate  from  the  officer  stating 
the  facts  as  to  the  absence  of  a  written  contract,  as  to  the  actual  re- 
ceipt of  the  services  or  material  during  the  period  ante-dating  the 
contract;  and  as  to  the  price  agreed  upon.     A  full  explanation  of 
the  absence  of  a  written  contract  should  be  given. 

73.  Damage  for  breach  of  contract  by  United  States.  —  The 
Comptroller  on  January  31,  1913,  decided  that  the  payment  of 
the  judgment,  costs  and  interest  thereon,  in  a  suit  against  the 
United  States  for  damages  for  breach  of  contract,  caused  by 
the  construction  of  irrigation  works,  cannot  be  made  from  the 
Reclamation  Fund  or  by  the  Department  of  Justice,  but  must 
be  paid  under  a  specific  appropriation  therefor  by  Congress. 
(See  Act  of  April  27,  1904,  33  Stat.,  422.)     The    payment    of 
judgment  in  condemnation  suits  is  made  in  accordance  with  in- 
instructions  in    ar.  46     .  239, 


CONTRACTS,  SUSPENDED,  ACCOUNTING  FOR. 

Accounts  before  suspension  of  contract,  par.  5. 
Accounts,  keeping  of,  par.  4. 
Accounts,  reorganization  of,  par.  6. 
Charges  against  the  contractor,  par.  9. 
Closing  contractor's  account,  par.  18. 
Contractor's  material  and  supplies  used,  par.  8. 


CONTRACTS,  SUSPENDED,   ACCOUNTING  FOR.  105 

Contractor's  mercantile  stores  and  mess  houses,  par.  11. 

Crediting  the  contractor  for  work  done,  par.  13. 

General,  par.  1. 

Holding  contractor's  plant,  etc.,  par.  15. 

Inventories,  final,  par.  14. 

Inventories  of  contractor's  equipment,  materials  and  supplies,  par.  7 

Payment  to  sureties  of  claims  of  defaulting  contractors,  par.  19. 

Probability  of  suspension  should  be  known,  par.  2. 

Prosecuting  the  work  under  a  new  contract,  par.  16. 

Records,  par.  3. 

Reports  on  suspended  contracts,  par.  17. 

Segregation  of  records  relating  to  defaulted  contracts,  par.  10. 

Suspense  accounts,  par.  12. 

1.  General. — When  the  Secretary  or  Director  has  formally 
suspended  any  contract  for  the  performance  of  reclamation  work 
for  failure  of  the  contractor  to  carry  out  its  requirements  or  for  any 
other  reason,  the  project  manager  is  usually  authorized  to  take 
over  from  the  contractor  the  completed  and  uncompleted  portions 
of  the  work  and  take  possession  of  all  buildings,  machinery,  tools, 
appliances,  animals,  materials  and  supplies  used  on  the  work  or 
shipped  by  or  on  account  of  the  contractor  for  use  in  connection 
therewith  as  provided  by  the  specifications.     Final  settlement  with 
the  contractor  in  such  cases,  may  have  to  be  made  through  the 
courts,  and  it  is  essential  that  complete  records  of  all  pertinent  trans- 
actions shall  be  preserved  in  detail  and  that  they  shall  be  of  a  char- 
acter that  may  be  relied  upon  as  legal  evidence. 

2.  Probability  of  suspension  should  be  known. — After  a  con- 
tract has  been  executed  and  while  work  is  progressing  thereon  the 
records  kept  should  be  such  as  will  enable  the  engineer  to  judge 
whether  the  contract  is  being  conducted  at  a  profit  or  at  consid- 
erable loss,  in  order  that  the  Government  may  prepare  to  take  up 
the  work  promptly  if  the  contractor  can  no  longer  continue,  or  if  it 
appears  advisable  for  the  Government  to  terminate  the  right  of  the 
contractor  to  proceed  under  the  contract. 

3.  Records. — Accurate  accounting  record  should  be  kept  of 
expenditures  made  by  the  Service  in  completing  work  on  which  a 
contractor  has  defaulted.     Legal  action  may  be  necessary  in  order 
to  effect  a  settlement,  and  it  is  essential  to*  keep  clear  and  concise 


106  RECLAMATION   SERVICE   MANUAL 

records  of  all  expenditures  in  order  to  support  the  Government's 
claims  in  court. 

4.  Accounts,  keeping  of. — In  order  that  proper  feature  ac- 
counts may  be  kept  for  work  covered  by  a  defaulted  contract  and 
finished  by  the  Government,  and  that  the  accounting  records  may 
also  show  the  amounts  expended  by  the  Service  for  completing  the 
work  chargeable  to  the  contractor,  a  reorganization  of  the  accounts 
relating  to  the  contract  will  be  necessary  at  the  time  of  the  suspen- 
sion.    The  following  paragraphs  indicate  the  changes  in  accounts 
that  are  necessary,  as  well  as  the  methods1  of  keeping  them  there- 
after and  of  making  final  settlement  with  the  contractor  and  his 
sureties. 

5.  Accounts  before  suspension  of  contract. — The  accounts 
shown  on  the  project  books  at  the  time  a  suspended  contract  is  taken 
over  are  the  general  ledger  accounts  "Unpaid  contract  estimates" 
and  "UnDaid  contract  holdbacks,"  which  represent  the  amounts 
earned  by  the  contractor  to  the  date  of  suspension  for  which  pay- 
ment has  not  been  made;  "disbursement  vouchers,"  in  which  ap- 
pear the  amount  paid  on  account  of  work  done;  and  the  feature 
account  or  accounts  controlled  by  the  cost-ledger  account  in  the 
general  ledger.     The  cost-ledger  feature  accounts  show  the  total 
amount  earned  by  the  contractor  plus  all  charges  for  material  and 
engineering  expenses  furnished  by  the  United  States. 

6.  Accounts,  reorganization  of. — Immediately  after  a  con- 
tract is  suspended  the  amounts  due  the  contractor  in  the  unpaid  con- 
tract estimates  and  unpaid  contract  holdback  accounts  should  be 
transferred  to  an  "account  bearing  the  contractor's  name  and  should 
be  shown  on  the  balance  sheet  as  a  separate  item  under  "unpaid  mis- 
cellaneous."    The  feature  accounts  in  the  cost  ledger  should  be  re- 
arranged and  a  separate  series  of  account  numbers  prepared  cover- 
ing the  classification  of  work  the  cost  of  which  will  ultimately  be 
paid  by  the  contractor.     If  the  feature  accounts  are  arranged  in  this 
manner,  the  total  at  any  time  will  show  the  cost  of  the  work  being 
done,  and  the  total  of  the  series  of  accounts  allotted  for  charges  to 
the  contractor  after  suspension  will  show  the  cost  to  the  Service  for 
doing  the  contractor's  work. 

7.  Inventories  of  contractor's  equipment,  materials  and  sup- 
plies.— Immediately  on  suspension  of  a  contract  a  board  should 
be  appointed  to  list  and.  appraise  the  .contractor's  plant,  equipment, 
animals,  etc.,  and  the  materials  and  supplies  contained  in  the  con- 


CONTRACTS,   SUSPENDED,   ACCOUNTING  FOR.  107 

tractor's  storehouses,  mercantile  stores  and  mess  houses.  Such 
equipment,  material  and  supplies  do  not  become  the  property  of 
the  United  States  as  a  necessary  result  of  suspending  the  contract. 
The  United  States,  will,  however,  take  possession  of  such  property 
for  use  in  conducting  the  work  for  the  contractor.  Specifications 
(Form  7-294)  paragraph  12  creates  a  special  lien  against  any  prop- 
erty'of  the  contractor  taken  into  the  possession  of  the  United  States 
to  secure  the  claims  of  the  United  States  for  costs  in  excess  of  the 
contract  cost.  A  complete  itemized  inventory,  showing  the  ap- 
praised value  of  everything  transferred  should  be  prepared  in  tri- 
plicate and  one  copy  should  be  given  to  the  contractor,  one  copy  sent 
to  the  Director  and  the  other  retained  for  the  project  files.  Each 
copy  of  this  inventory  should  be  signed  by  the  members  of  the 
board  of  appraisal.  Distinguishing  marks  and  descriptions  should 
be  noted  on  the  list  for  identification  purposes.  It  is  desirable  to 
have  this  inventory  made  by  a  board  of  three  persons.  If  possible 
the  contractor  should  be  represented  on  the  appraisal  board.  The 
inventories  should  not  in  general  be  made  a  part  of  the  regular 
project  accounts,  as  the  Government  in  no  way  binds  itself  for  their 
value,  but  supplies  in  mercantile  stores  or  mess  houses  that  it  is 
desired  to  continue  in  use  may  be  taken  over  and  the  contractor 
credited  with  the  value  thereof.  (SEE  ALSO  CONTRACTS,  PARA- 
GRAPHS 30  AND  32.) 

8.  Contractor's  material  and  supplies  used. — Whenever  the 
contractor's  material  and  supplies  are  issued  for  use  in  completing 
the  contractor's  work,  the  proper  project  inventory  account  should 
be  debited  and  the  contractor's  personal  account  credited  with  their 
appraisal  value,  and  requisitions  issued  covering  the  material  used. 
These  requisitions  should  be  charged  to  cost  ledger  and  features 
and  credited  to  the  inventory  from  which  drawn  in  the  same  man- 
ner as  requisitions  for  other  supplies  or  materials.  Notations 
should  be  made  on  the  list  of  contractor's  materials  and  supplies 
of  all  amounts  transferred  to  the  regular  inventories  in  this  manner, 
together  with  references  to  the  numbers  of  the  requisitions  upon 
which  they  are  issued  to  the  work. 

.  9.  Charges  against  the  contractor. — In  charging  against  the 
contractor  the  cost  of  the  work,  special  care  should  be  taken  to  in- 
clude all  items  properly  chargeable  to  it,  just  as  in  the  case  of  the 
regular  feature  accounts.  A  part  of  the  usual  overhead  charges 
should  be  apportioned  against  the  contractor,  such  as  a  proper  pro- 


108  RECLAMATION   SERVICE   MANUAL 

portion  of  the  salaries  of  engineers  who  may  devote  a  part  of  their 
time  to  construction,  including  a  proper  proportion  of  traveling  and 
other  expenses.  The  aim  should  be  to  charge  against  the  contractor 
every  item  of  expense  that  would  not  have  been  incurred  by  the 
United  States  if  the  contractor  had  continued  to  carry  on  the  work 
as  provided  in  his  contract. 

10.  Segregation  of  records  relating  to  defaulted  contracts. — 
Time-book  sheets  covering  labor  earnings  and  requisitions  for  ma- 
terial and    supplies  used    for  completing    the  contractor's    work 
should  be  kept  separate  from  similar  records  maintained  for  gen- 
eral use  on  the  project.     The  sheets  in  the  general  classification 
book  used  to  summarize  the  charges  properly  made  to    the  con- 
tractor's account  should  also  be  segregated.     The  purpose  of  this 
is  to  show  the  charges  to  the  contractor  in  a  regular  and  concise 
manner  in  the  feature  accounts  in  the  cost  ledger,  and  to  keep  the 
time-books,  requisitions,  etc.,  under  a  separate  series  of  numbers, 
and  filed  in  such  a  manner  that  they  will  be  complete  in  every  de- 
tail should  it  be  necessary  to  introduce  them  in  court  when  the 
work  is  completed  and  legal  action  taken  in  order  to  effect  a  settle- 
ment with  the  contractor. 

11.  Contractor's  mercantile  stores  and  mess    houses. — On 
taking  over  the  work  of  a  defaulting  contractor  the  supplies  on  hand 
in  mercantile  stores  and  mess  houses  that  he  may  be  conducting  shall 
be  carefully  listed  with  appraised  values  for  each  item,  and  the  total 
credited  to  the  contractor's  personal  account  and  debited  to    the 
proper  inventory  and  cost-ledger  accounts.     These  accounts  should 
thereafter  be  handled  in  the  same  manner  as  the  inventory  ac- 
counts for  regular  mercantile  stores  and  mess  houses.     When  the 
contract  work  is  completed  any  of  the  original  stock  in  the  con- 
tractor's mercantile  stores  that  remains  and  is  unsalable,  should  be 
debited  back  to  the  contractor's  personal  account  and  credited  to  the 
mercantile  store. 

12.  Suspense  accounts. — Until  the  work  is  completed  and 
final  settlement  made  with  the  contractor,  all  profits  or  losses  accru- 
ing from  the  operation  of  mercantile  stores,  mess  houses,  etc.,  should 
be  carried  in  suspense  accounts  and  reported  as  seperate  items  un- 
der the  proper  cost-adjustment  accounts  on  the  balance  sheets  sub- 
mitted to  the  Director.     Purchases  of  additional  machinery  should 
be  debited  to  an  equipment  inventory  account  so  designated  as  to 
show  that  it  is  on  account  of  the  contractor's  work,  and  a  reasonable 


CONTRACTS,   SUSPENDED,  ACCOUNTING  FOR.  109 

amount  charged  monthly  as  a  rental,  or  for  depreciation.  This 
rental  or  depreciation  charge  should  be  included  as  a  part  of  the 
feature  costs.  If  such  material  is  of  no  value  to  the  Government 
after  completion  of  the  contract  the  contractor  should  be  charged 
with  the  whole  cost  thereof  and  credited  with  any  proceeds  of  the 
sale  thereof. 

13.  Crediting  the  contractor  for  work  done. — It  is  not  neces- 
sary to  close  out  the  excess  cost  of  doing  the  work,  over  the  contract 
price,  to  the  contractor's  account  every  month  by  crediting  his  per- 
sonal account  with  the  value  of  the  estimated  quantity  of  work 
done  at  contract  unit  rates,  as  such  figures  would  be  only  approxi- 
mate.    When  the  work  is  completed  the  engineer  in  charge  should 
prepare  a  complete  and  final  estimate  of  the  credits  for  work  com- 
pleted accruing  to  the  contractor. 

14.  Inventories,  final. — When  the  work  covered  by  a  sus- 
pended contract  is  completed,  full  and  complete  final  inventories  of 
plant,  equipment,  animals,  unused  materials,  and  supplies  on  hand, 
should  be  prepared.     A  copy  of  this  inventory,  with  remarks  as  to 
condition  and  possible  value  of  each  item  thereof  noting  each  item 
which  is  also  included  in  inventory  taken  upon  suspension  of  con- 
tract, should  accompany  the  final  report  to  the  Director,  but  should 
not  be  taken  up  in  the  report  or  on  the  books  as  a  credit  to  the 
contractor. 

15.  Holding  contractor's  plant,  etc. — The  contractor's  plant 
and  any  unused  material  or  supplies  belonging  to  him  should  be  held 
pending  advice  from  the  Director  of  complete  and  satisfactory  set- 
tlement of  all  claims  of  the  United  States.     The  profits  or  losses 
accruing  from  the  operation  of  mercantile  stores  and  mess  houses 
should  also  be  credited  or  debited  to  the  contractor's  account  only 
on  final  satisfactory  settlement  of  any  outstanding  balance. 

16.  Prosecuting  the  work  under  a  new  contract. — In  case  a 
new  contract  is  awarded  for  completing  the  work  undertaken  by  a 
defaulting  contractor,  the  clerical  work  will  be  much  less  than  if  the 
work  is  finished  by  Government  force  account,  but  the  methods  of 
keeping  the  records'  and  reporting  results  should  be  the  same. 

17.  Reports  on  suspended  contracts. — In  order  that  the  Di- 
rector may  be  in  possession  of  necessary  information  in  regard  to 
the  status  of  defaulting  contractors'  accounts,  compiled  in  a  concise 
and   uniform  manner,   a   report   on   suspended   contracts,   Form 
7-637,  should  be  prepared  and  transmitted  to  him  monthly  for  each 


110  RECLAMATION   SERVICE   MANUAL 

suspended  contract.  The  first  report  should  be  rendered  promptly 
after  formal  suspension  and  should  cover  all  work  done  by  the 
contractor  during  the  entire  period  to  date  of  suspension,  and  suc- 
ceeding reports  should  be  cumulative  so  that  all  reports  taken  to- 
gether will  furnish  a  complete  record  of  progress  to  date.  In  case 
the  cost  of  the  work  when  completed  exceeds  the  original  contract 
price,  these  reports  should  serve  as  a  basis  of  information  and  evi- 
dence on  which  to  establish  a  legal  claim  against  the  contractor  and 
his  sureties  to  recover  the  excess  of  cost  to  the  United  States  over 
the  stipulated  contract  price.  For  this  reason  too  much  stress 
cannot  be  placed  on  the  necessity  of  accuracy  and  completeness  in 
their  preparation.  The  form  is  used  as  a  summary  of  the  credits 
and  debits  accrued  to  the  date  of  the  report.  Credit  entries  for 
work  done  appearing  on  it  should  be  fully  supported  by  detailed 
statements  showing  units  of  work  done,  with  values  computed  at 
the  contract  rates ;  extra  work  should  be  stated  in  the  same  manner 
as  such  work  is  billed  against  the  Service  by  contractors ;  supplies 
and  material  received  from  the  contractor  should  be  supported  by 
inventories ;  payments  should  be  listed  by  voucher  numbers ;  issues 
of  supplies,  material  and  equipment  by  requisition  numbers;  and 
services  of  Government-owned  equipment,  animals,  etc.,  should  be 
charged  at  rental  or  depreciation  rates. 

18.  Closing  contractor's  accounts. — When  final  settlement  is 
made  with  a  defaulting  contractor  or  his  bondsmen,  or  when  it  has 
been  determined  that  no  settlement  can  be  effected  because  of 
bankruptcy  or  for  other  reasons,  the  account  should  be  closed,  hav- 
ing in  view  all  the  circumstances  connected  with  the  case.  The 
contractor's  account  should  receive  the  following  debits : 

(a)  Actual  payments  made  to  the  contractor  prior  to  suspen- 
sion of  the  contract. 

(b)  Liquidated  damages   as  provided  in  the  contract   for  the 
period  in  excess  of  the  limitation  of  the  contract  and  any  extensions 
that  may  have  been  granted  up  to  the  date  the  Government  assumed 
control  of  the  work;  and  any  actual  damages  .not  included  in    the 
charges  for  labor,  material,  %nd  supplies  actually  used  in  finishing 
the  work  by  the  United  States  after  the  suspension  of  the  con- 
tract. 

(c)  Actual  costs  for  completing  the  contract  after  suspension  as 
shown  by  cost  ledger  features,  which  will  include : 

(1)  Labor  as  per  time  books; 


CONTRACTS,   SUSPENDED,  ACCOUNTING  FOR.  Ill 

(2)  Material  and  supplies  as  per  requisitions  and  vouchers; 

(3)  Depreciation  or  rental  on  Government-owned  equipment 

used  in  the  work; 

(4)  Miscellaneous  expense. 

The  contractor's  account  should  receive  the  following  credits : 

(d)  Value  of  work  done,  at  contract  unit  rates,  both  by  the  con- 
tractor before  suspension  and  by  the  United  States  after  suspen- 
sion, either  by  force  account  or  by  reletting  to  other  contractors, 
less  amount  already  credited  on  this  account  for  unpaid  contract 
estimates  and  unpaid  contract  holdback  at  the  time  of  suspension. 

(e)  Value  of  extra  work  done  by  the  contractor  to  date  of  sus- 
pension as  allowed  on  estimates. 

(f)  Value  of  material  and  supplies  received  from  the  contractor 
on  suspension,  that  have  been  used;  these  supplies  should  be  used 
in  the  work  and  requisitioned  out  at  the  appraised  value,  the  debit 
to  contractor's  account  representing  their  expenditure  being  in- 
cluded in  (c)  (2)  above. 

(g)  Actual  cost  of  extra  work  done  by  the  United  States  or  se- 
cured by  reletting  to  another  contractor  that  would  ordinarily  come 
within  the  purview  of  the  original  contract,  plus  the  contract  allow- 
ance for  use  of  contractor's1  tools,  superintendence  and  profit. 

(h)  Miscellaneous  credits,  including  allowances  for  profits  from 
operations  incidental  to  the  contract,  such  as  mercantile  stores  and 
mess  houses,  when  these  are  properly  allowed;  if  these  operations 
show  losses  they  should  be  taken  up  as  debits  instead  of  credits. 

(i)  Cash  received  from  contractor  or  from  sureties  under  bond 
in  settlement  of  excess  cost. 

(j)  Appraised  or  salvage  value  of  contractor's  equipment  if 
cash  payment  under  (i)  does  not  wholly  satisfy  all  claims  of  the 
United  States,  and  provided  the  United  States  receives  legal  title 
to  such  equipment  or  the  proceeds  of  its  sale. 

(k)  Loss  to  cover  the  actual  excess  cost  to  the  Government  after 
exhausting  every  means  for  collecting. 

The  converse  of  each  of  these  entries  will  be  a  credit  or  debit  to 
the  cost  ledger  controlling  account  and  will  adjust  the  final  feature 
costs  in  the  cost  ledger  on  the  basis  of  the  settlement  made. 

19.  Payment  to  sureties  of  claims  of  defaulting  contractors. — 
Sureties  may  be  permitted  to  complete  work  under  suspended  con- 
tract, but  no  payment  can  properly  be  made  to  such  sureties  until 
they  have  executed  formal  contract  with  the  United  States  for  com- 


112  RECLAMATION   SERVICE   MANUAI, 

pleting  the  work,  thereby  becoming  in  fact  the  contractor.  Should 
the  surety  perform  any  work  before  becoming  the  succeeding  con- 
tractor he  does  so  as  the  agent  of  the  contractor  and  all  payments 
for  such  work  must  be  made  to  and  in  the  name  of  such  contractor. 

CORRALS. 

On  most  of  the  projects  where  large  corrals  are  maintained,  it  is 
advisable  to  place  them  in  charge  of  a  foreman  having  complete 
charge  of  the  corral  and  of  such  teamsters  as  keep  their  horses 
there.  He  should  be  held  responsible  for  the  care  of  the  animals 
left  in  his  charge  and  for  the  management  of  his  corral  and  should 
be  authorized  to  make  requisitions  for  supplies.  In  case  it  should  be 
necessary  to  transfer  hay  and  grain  from  one  corral  to  another,  the 
regular  transfer  blanks,  Form  7-779,  should  be  used.  The  corral 
foreman  should  prepare  and  send  to  the  project  office  at  the  end  of 
each  month  a  report  showing  the  number  of  horses  fed,  the  amount 
of  hay  and  grain  consumed ;  and  also,  an  inventory  of  hay  and  grain 
on  hand.  This  information  is  necessary  in  order  that  the  book- 
keeper in  the  project  office  may  compile  comparative  statements 
showing  costs  of  operating  corrals,  etc.  The  corral  foreman's  re- 
port should  agree  as  to  the  number  of  horses  fed  with  the  timekeep- 
er's record.  (See  also  ACCOUNTS,  CLASSIFICATION  OF,  PAR.  59.) 

CORRESPONDENCE. 

Acknowledgments,  par.  12. 

Approvals  in  the  field,  par.  4. 

Communications  to  Washington  office,  par.  1. 

Copies  of  letters  referred  to  field  for  report,  par.  T. 

Correspondence  with  field  offices,  par.  3. 

Internal  correspondence,  par.  9. 

Legal  citations,  par.  10. 

Letters  to  the  field,  par.  2. 

Preparation  of  answers  to  letters,  par.  15. 

Preparation  of  letters,  par.  6. 

Reports  by  endorsement,  par.  8. 

Reports  on  petitions,  etc.,  par.  11. 

Signatures,  par.  5. 

Use  of  rubber-stamp  signatures,  par.  13. 

Use  of  typewriters,  par.  14. 


CORRESPONDENCE.  113 

1.  Communications  to  Washington  office. — All  official  com- 
munications to  the  Washington  office  should  be  addressed  "The  Di- 
rector."    If  letters  are  addressed  to  the  field  officers  by  the  Chief 
Engineer  or  other  officer,  the  reply  should  be  addressed  to  the  Di- 
rector.    Purely  routine  correspondence  .from  project  engineers  to 
the  Washington  office,  including  monthly  reports,  snould  be  car- 
ried on  direct,  carbon  copies  of  all  letters  and  reports  being  sent  sim- 
ultaneously to  the  supervising  engineer. 

2.  Letters  to  the  field. — Letters  from  the  Washington  office 
will  ordinarily  be  addressed  to  the  officer  who  is  to  initiate  the 
action.     In  case  it  be  the  project  manager  or  other  officer,  a  copy 
will  be  sent  to  the  supervising  engineer.     The  supervising  engineer 
should  receive  copies  of  all  letters  which  relate  to  business  within  his 
district.     Before  decision  is  rendered  on  important  matters    the 
cases  will  be  submitted  to  the  supervising  engineer  for  report  and 
recommendation,  unless  they  are  of  such  a  nature  as  not  to  permit 
of  delay,  or  if  no  report  from  the  supervising  engineer  could  affect 
the  decision. 

3.  Correspondence  with   field   offices. — All    correspondence 
involving  important  matters  of  administration  or  policy  should  be 
addressed  by  the  project  manager  to  the  supervising  engineer  for 
consideration,  to  be  submitted  to  the  Director  if  he  deems  it  advis- 
able and  in  such  form  as  he  may  deem  proper.     Copies  of  letters 
from  the  project  manager  to  the  supervising  engineer  should  not  be 
sent  to  the  Director  by  the  project  manager.     Correspondence  upon 
routine  matters  as  directed  by  the  supervising  engineer  and  replies 
to  inquiries  from  the  Director  should  be  sent  direct  to  the  Director, 
copies  being  sent  to  the  supervising  engineer.     In  cases  of  urgency 
when  important  matters  are  involved  the  project  manager  may  com- 
municate directly  with  the  Director,  sending  copy  to  the  supervising 
engineer,  who  will  advise  the  Director  promptly  of  his  views.     In 
such  cases  the  Director  will,  if  practicable,  await  advice  from  the 
supervising  engineer  before  taking  action.     By  careful  anticipation 
of  the  course  of  the  work  and  by  reasonable  foresight,  there  should 
be  few  cases  in  which  the  regular  course  of  handling  important  mat- 
ters through  the  supervising  engineer  cannot  be  followed. 

4.  Approvals  in  the  field. — All  matters  presented  to  the  Di- 
rector or  the  Chief  Engineer  in  the  field  by  supervising  engineers 
or  project  managers  for  which  approval  is  desired  should  be  sub- 
mitted in  writing  and  if  approved  by  the  Director  or  Chief  Engineer 


114  RECLAMATION   SERVICE   MANUAL 

the  supervising  engineer  or  project  manager  shall  at  once  forward 
to  the  Washington  office  a  copy  of  the  document  with  notation  of 

approval. 

5.  Signatures.— Chief  clerks  or  other  employees  on  a  project 
should  not  sign  letters  or  circulars  directed  to  employees  on  the  proj- 
ect or  to  persons  on  other  projects  or  to  other  officers.     All  com- 
munications should  be  prepared  for  the  signature  of  the  officer 
in  charge,  but  in  his  absence  or  when  it  is  not  practicable  for  him  to 
sign,  it  is  proper  for  such  communications  to  be  signed  by  rubber 
stamp,  or  on  typewriter,  thus  "Jonn  Doe,  Project  Manager,"  with 
the  initials  of  the  writer  appearing  below.     All  copies  of  papers 
retained  for  files  should  be  accurate  and  complete  including  copies 
of  any  signatures  and  initials  appearing  on  the  original. 

6.  Preparation  of  letters. — All  letters  from  the  field  should 
have  noted  at  the  head  thereof  the  subject  discussed  and  name  of 
the  project,  especially  those  sent  to  the  Director.     Each  letter  should 
be  confined  to  one  subject,  that  is,  communications  relating  to  dif- 
ferent subjects  should  be  in  separate  letters.     Each  contract  should 
be  separately  treated.     Matters  relating  to  entries,  farm  units,  wa- 
ter users'  associations,  water  rights,  etc.,  should  each  be  in  separate 
communication.     Whenever  the  matter  adverted  to  in  a  letter  has 
been  the  subject  of  previous  correspondence  reference  should  be 
made  to  such  prior  correspondence.     Whenever  a  contract  or  other 
matter  which  has  been  previously  submitted  for  approval  is  trans- 
mitted for  action  of  the  Director  the  prior  submission  and  approval 
should  invariably  be  referred  to. 

7.  Copies  of  letters  referred  to  field  for  report. — Copies  will 
be  made  of  all  letters  referred  to  the  field  for  report  and  concern- 
ing which  it  is  important  that  the  Director's  office  should  retain  a 
full  record,  and  the  original  retained.     Where  the  conditions  are 
such  that  the  field  officer  is  likely  to  desire  to  retain  a  copy  of  the 
letter,  or  where  his  report  will  be  facilitated  by  his  having  a  copy 
of  the  letter,  duplicate  copies  will  be  sent  so  that  he  may  have  an 
extra  copy  for  his  files,  or  for  reference  to  an  assistant. 

8.  Reports  by  endorsement. — Brief  letters  of  inquiry  are  fre- 
quently sent  to  officers  in  the  field,  the  answers  to  which  can  be 
given  in  a  few  words.    It  is  important  to  keep  down  the  volume  of 
correspondence  and  typewriting,  and  in  particular  to  avoid  writing 
new  letters  which  simply  repeat  the  question  and  give  the  answer. 
Wherever  possible  officers  should  endorse  upon  the  original  let- 


CORRESPONDENCE.  115 

ter  the  appropriate  reply  in  a  few  words  and  return  the  paper  to  the 
Director. 

9.  Internal  correspondence. — In  accordance  with  recommen- 
dations contained  in  Circular  No.  21  of  the  President's  Commission 
on  Economy  and  Efficiency,  pages  27  and  28,  On  and  after  April 
1,  1912,  Internal  correspondence  should  be  prepared  with  simpli- 
fication or  abbreviation  as  far  as  practicable.  Internal  correspond- 
ence is  defined  as  that  between  employees  of  the  Service  as  dis- 
tinguished from  letters  addressed  to  persons  outside  of  the  Service. 
The  usual  formal  introductory  and  closing  of  letters  will  be  omitted. 
Each  letter  of  internal  correspondence  will  begin  with  a  statement 
of  the  official  designation  or  title  of  the  person  by  whom  it  is 
written,  followed  by  a  statement  of  the  official  designation  or  title 
of  the  person  to  whom  the  letter  is  written.  This  will  be  followed 
by  a  statement  of  the  subject  of  the  letter,  then  will  follow  the  sub- 
stance of  the  letter,  each  paragraph  being  numbered.  The  first 
paragraph  should  state  the  date  of  the  letter  to  which  reply  is 
being  made,  if  appropriate.  The  writer  will  sign  his  name  without 
title  or  official  designation.  The  following  is  an  example : 

DEPARTMENT  OF  THE  INTERIOR, 
UNITED  STATES  RECLAMATION  SERVICE. 

WASHINGTON,  D.  C.,  January  10,  1912. 

From  Director 

To  Superv.  Eng.,  North  Yakima,  Wash. 

Subject— Public  Notice,  Tieton  Third  Unit. 

1.  Your  letter  of  January  3   regarding  the  method  of 
opening  and  terms  of  payment  has  been  received. 

2.  This  matter  has  been  the  subject  of  a  conference  with 
the  General  Land  Office  and  the  Secretary. 

*  *  *  *  * 

F.  H.  NEWELL. 

The  subject  placed  at  the  head  of  the  letter  is  intended  primarily 
as  a  guide  to  secure  uniformity  in  the  filing  of  papers  in  the  local 
and  Washington  offices.  For  this  purpose  the  subject  should  be 
stated  as  briefly  as  possible,  consistent  with  clearness,  and  should 
contain  the  name  of  the  project  in  accordance  with  the  example 
herein  above  given.  Land  descriptions  and  other  matters  of  detail 
should  not  be  given  in  the  subject,  but  should  be  stated  in  the  body 
of  the  letter.  If  the  letter  is  signed  by  the  Acting  Director  or 


116  RECLAMATION   SERVICE  MANUAL 

Acting  Supervising  Engineer  or  Acting  Project  Manager,  the  word' 
"Acting"  can  be  included  in  the  title  in  the  beginning,  thus :  "Act- 
ing Director  to  Superv.  Eng."  or    "Director  Acting    to    Superv. 
Eng."     Where  the  writer  has  no  official  designation,  his  title  and 
name  should  be  placed  at  the  beginning  of  the  letter,  as  for  instance, 

From — Assistant  Enginer,  John  Doe 

To — Project  Manager. 

The  letter  will  be  signed  John  Doe.  Original  letters  will  be 
written  on  white  paper  as  heretofore  issued.  All  carbons  will  be 
written  on  paper  of.a  distinctive  tint,  to  be  furnished.  The  subject 
of  the  letter  will  be  stated  concisely  at  the  beginning,  and  will  not 
be  repeated  in  the  body  except  where  absolutely  necessary.  The 
subject  should  be  given  by  the  person  dictating  or  inserted  in 
written  drafts.  The  number  of  enclosures  should  always  be  stated 
at  the  end  of  the  letter  and  if  there  are  more  than  three  should  be 
listed  with  brief  description.  In  every  case  when  the  enclosures 
are  not  listed,  the  letter  should  indicate  them  clearly,  and  preferably 
in  a  separate  paragraph  at  or  near  the  close.  Whenever  a  recom- 
mendation is  made  it  should  be  explicitly  stated  in  the  last  paragraph 
as  a  recommendation.  When  the  recommendation  is  lengthy  or 
consists  of  several  paragraphs  it  should  be  set  off  by  the  word 
"Recommendation"  as  a  center  heading.  In  long  communications 
there  should  be  a  summary  of  the  principal  points  which  should 
precede  the  recommendation,  if  any. 

10.  Legal    citations. — When  referring  to  State    laws    they 
should  be  cited  by  reference  to  the  session  laws  of  the  State,  giving 
the  year  and  the  page  and  also  date  of  the  act.     If  the  Act  cited  has 
been  incorporated  in  any  code  or  general  compilation  of  the  laws 
of  the  State  the  citation  should  also  refer  to  such  code  or  general 
compilation  giving  the  section  thereof.     If  the  code  or  such  com- 
pilation is  not  subdivided  into  sections,  the  page  and  subdivision 
thereof,  if  any,  where  the  act  is  found,  should  be  given.     References 
to  federal  statutes  should  be  as  follows,  32  Stat,  388. 

11.  Reports  on  petitions,  etc. — Petitions  or  letters  addressed 
either  to  the  Department  or  the  Director's  office,  when  transmitted 
through  the  project  or  supervising  engineer's  office,  or  copies  there- 
of when  forwarded  to  the  supervising  or  project  engineer,  in  case 
the  originals  are  forwarded  direct  by  the  petitioners  or  writers, 
should  be  accompanied  by  a  report  and  recommendation  of  the 


COSTKEEPING.  117 

officer  transmitting  the  same  as  to  the  action  to  be  taken  thereon, 
so  as  to  avoid  the  delay  occasioned  by  subsequently  referring  the 
petition  or  letter  to  the  field  for  report.  When  transmitted  by  the 
project  engineer  he  should  forward  copy  of  his  report  to  the  super- 
vising engineer,  whose  report  should  be  promptly  forwarded. 

12.  Acknowledgments. — In  forwarding  to  the  Director  deeds 
and  other  documents  accompanied  by  a  simple  letter  of  transmis- 
sion, an  extra  copy  of  the  latter  should  be  furnished  in  all  cases 
where  the  sending  office  desires  an  acknowledgment  of  receipt.    The 
extra  copy  will  be  stamped  with  date  of  receipt  in  the  Director's 
office  and  returned. 

13.  Use  of  rubber-stamp  signatures. — Much  time  and  labor 
may  be  saved  by  using  a  rubber  stamp  instead  of  the  project  mana- 
ger's autograph  signature  on  routine  and  unimportant  papers,  the 
chief  clerk  initialing  under  such  stamped  name. 

14.  Use  of  typewriters. — All  clerks  should  be  instructed  in 
the  use  of  typewriting  machines,  so  that  they  may  attend  to  routine 
correspondence  connected  with  their  work,  instead  of  giving  such 
letters  to  the  stenographer.     Such  a  practice  generally  results  in 
the  saving  of  much  time. 

15.  Preparation  of  answers  to  letters. — As  a  general  rule,  a 
definite  time  should  be  designated  when  letters  should  be  given  to 
the  project  manager  and  chief  clerk  for  reading  and  signing.    This 
may  prevent  frequent  interruptions  and  insure  more  careful  read- 
ing of  letters.     All  letters  and  documents  should  receive  prompt 
consideration. 

COSTKEEPING. 

Costkeeper,  par.  4. 

Cost  data  cards,  par.  10. 

Contractor's  costs,  par.  6. 

Daily  and  weekly  reports,  par.  7. 

Definition,  par.  2. 

General  statement,  par.  3. 

Index,  number,  and  letter,  par.  11. 

Operation  and  maintenance  costs,  par.  9. 

Reports  to  be  submitted,  par.  8. 

Requirements,  par.  1. 

Units  of  work  accomplished,  par.  5. 


118  RECLAMATION   SERVICE   MANUAL 

1.  Requirements. — Section  2    of    the     Reclamation     Act    re- 
quires that  the  Secretary  of  the  Interior  report  to  Congress  at  the 
beginning  of  each  regular  session,  giving  the  estimated  cost  of  all 
contemplated  works,  also  the  cost  of  works  in  process  of  construc- 
tion, as  well  as  those  which  have  been  completed.    In  order  to  report 
cost  of  completed  work  and  of  work  in  process  of  construction 
records  of  actual  costs  are  required,  and  to  form  a  basis  for  esti- 
mate of  cost  of  contemplated  work  records  of  the  cost  of  past  con- 
struction are  valuable. 

2.  Definition. — Costkeeping,  or  the  summation  of  the  actual 
cost  of  work  done,  is  founded  on  the  expenses  incurred  and  is 
largely  dependent  upon  engineering  data.     It  is  important  to  care- 
fully observe  the  distinction  between  bookkeeping  in  general,  which 
consists  of  keeping  a  record  of  expenditures,  liabilities,  etc.,  and 
costkeeping,  as  above  denned.     Money  spent  during  a  particular 
period  may  be  for  supplies  or  materials  which  have  not  become  a 
part  of  the  work,  and  consequently  are  not  costs,  or  work  may  be 
done  during  a  period  with  equipment,  material  and  supplies  which 
were  purchased  and  paid  for  in  a  former  period.     The  bookkeeping 
or  accounting  records  would  show  the  expenditure  of  the  money 
and  receipt  of  a  valuable  asset  in  the  form  of  supplies,  etc.,  during 
the  month  when  payment  was  made,  but  would  not  show  during 
the  month  or  period  when  the  work  was  done.     The  depreciation 
on  equipment  or  the  use  of  materials  and  supplies  should  be  taken 
into  consideration  as  forming  a  part  of  the  cost  of  the  work  accom- 
plished. 

3.  General  statement. — To  enable  the  officer  to  determine  the 
most  economical  methods  of  conducting  work  and  to  select,  arrange 
and  operate  machinery  and  constructing  and  engineering   forces 
most  advantageously,  as  well  as  to  facilitate  intelligent  and  precise 
estimates  and  analyses  of  proposed  work,  an  accurate  knowledge  of 
the  cost  of  work  being  done  and  of  other  work  of  a  similar  nature 
previously  done  is  essential.    The  accounting  methods  of  the  Serv- 
ice furnish  the  total  costs  of  all  work  involving  direct  employment 
of  the  constructing  forces  and  direct  purchase  of  material  and  sup- 
plies, distributed  to  suitable  itemized  parts  of  the  work  and  classes 
of  expenditure ;  but  in  order  to  determine  unit  costs  and  to  make  in- 
telligent study  thereof,  there  are  needed  in  addition  statements  of 
the  results  accomplished  and  full  explanations  of  the  conditions 
under  which  the  work  is  conducted.     In  the  case  of  work  done  by 


COSTKEEPING.  119 

contract,  it  is  desirable  to  know  not  only  the  costs  to  the  United 
States,  but  also  the  costs  to  the  contractor,  partly  for  the  purpose 
of  estimating  the  ability  of  the  contractor  to  complete  his  contract, 
but  mainly  for  the  purpose  of  securing  knowledge  of  unit  costs  to 
be  used  in  making  future  estimates,  and  in  determining  the  reason- 
ableness of  bids  for  similar  work.  As  the  bookkeeping  records  of 
the  Service  give  only  the  costs  to  the  United  States,  it  is  necessary, 
in  determining  contractor's  costs  to  follow  a  plan  somewhat  differ- 
ent from  that  used  for  estimating  work  by  Government  forces.  The 
project  manager  should  employ  special  timekeepers  to  secure  neces- 
sary information  regarding  the  forces  employed  by  the  contractor; 
and  the  inspectors  employed  to  see  that  the  work  is  properly  done 
should  be  instructed  to  supply  records  of  the  results  accomplished, 
and  all  useful  information  relating  to  the  methods  of  work  and  the 
conditions  under  which  it  is  conducted. 

4.  Costkeeper. — At  each  point  where  work  of  any  magnitude 
is  being  undertaken,  whether  by  Government  forces  or  by  contract, 
a  costkeeper  should  be  employed.     His  duties  are  to  prepare  state- 
ments of  costs,  using  the  expenditures  of  cash,  supplies  and  mate- 
rial, as  shown  by  the  bookkeeping  records ;  consider  depreciation  on 
equipment,  and,  in  the  case  of  contractor's  work,  interest  on  invest- 
ment and  similar  items  of  expense. 

5.  Units  of  work  accomplished. — These  statements  showing 
the  contract  payments,  the  cost  of  labor,  supplies,  materials,  etc.,  ex- 
pended, and  the  cost  of  depreciation  of  equipment,  are  of  little  value 
unless  read  in  connection  with  a  statement  of  the  units  of  work  ac- 
complished, if  measureable  in  that  manner,  and  a  description  of  the 
conditions  affecting  the  work,  as  distance  from  railroad,  climatic 
conditions,  labor  conditions,  equipment  used,  and  peculiarities  sur- 
rounding the  work,  as  the  nature  of  the  material  encountered,  topog- 
raphy of  the  ground,  etc. 

6.  Contractor's  costs. — Estimates  of  the  cost  of  work  being 
done  by  a  contractor  should  be  made  up  by  a  careful  estimate  of  his 
expenses.     This  may  be  secured  by  an  inspection  of  his  books,  pay- 
rolls, etc.,  or  if  the  contractor  objects  to  exhibiting  these,  an  esti- 
mate should  be  made  by  the  costkeeper  by  a  daily  record  of  men  em- 
ployed and  supplies  and  materials  used.     The  classification  of   ac- 
counts should  be  arranged  to  segregate  United  States  engineering, 
inspection,  and  other  costs  separate  from  the  other  items.     The  pur- 


120  RECLAMATION   SERVICE   MANUAL 

pose  is  to  secure  a  cost  statement  which  is  comparable  with  the  bid 
price  received  from  the  contractors.     (See    also    CONTRACTOR'S 

COSTS.) 

7.  Daily  and  weekly  reports. — In  order  that  satisfactory  cost 
data  may  be  accumulated,  engineers,  superintendents,  foremen  and 
others  having  charge  of  work  being  done  by  contract  or  by  forces 
directly  employed,  should  send  to  the  project  office  daily  or  weekly 
reports  showing  the  number  and  classification  of  men  and  animals 
employed  on  principal  features  of  the  work,,  the  rates  of  pay,  the 
amount  of  cement,  lumber,  structural  steel  and  other  materials  and 
supplies  used,  the  final  results,  such  as  number  of  feet  of  pipe  made, 
cubic  yards  of  concrete  or  riprap  placed,  linear  feet  of  tunnel  driven, 
etc. ;  and  the  unit  costs,  accompanied  by  statements  as  to  the  distance 
from  the  point  where  supplies  are  received,  weather  and  labor  condi- 
tions, and  other  matters  that  might  in  any  way  affect  the  cost  of  the 
work.     It  is  impracticable  to  supply  uniform  blanks  for  these  re- 
ports, but  it  will  generally  be  advisable  to  have  suitable  forms  mim- 
eographed at  project  offices.    In  some  cases  where  the  same  class  of 
work  will  be  done  daily  for  a  long  time,  it  may  be  desirable  to  send 
to  the  office  of  the  Director  purchase  orders  for  the  printing  of  de- 
sired forms.     The  reports  will  serve  as  a  check  on  the  timekeeper 
and  will  inform  the  project  manager  whether  the  various  engineers, 
superintendents,  foremen  and  others,  are  exercising  good  judgment 
in  conducting  the  work  intrusted  to  them  and  in  making  requisitions 
on  the  storehouses,  etc.    The  reports  should  also  be  used  at  the  end 
of  the  month  in  preparing  the  monthly  feature  cost  report  described 
in  succeeding  paragraphs. 

8.  Reports  to  be  submitted. — At  the  end  of  each  month  there 
should  be  prepared  and  submitted,  in  triplicate,  to  the  Director  a 
statement  on  Form  7-835,  to  show  the  cost  of  work  during  the 
month.     This  should  be  reported  by  principal  features.     The  total 
cost  reported  for  the  month  should  equal  the  net  debit  to  the  cost 
ledger  for  the  same  period,  and  the  total  to  date  should  check  with 
the  total  debit  to  cost  ledger  controlling  account  in  the  general 
ledger.    The  project  monthly  cost  report,  Form  7-834,  is  to  be  pre- 
pared in  detail  for  each  feature,  and  copies  of  these  reports  are  to  be 
furnished  the  project  manager,  constructing  engineer,  superintend- 
ent, foremen,  and  others  on  the  project.     These  reports  need  only 
be  forwarded  to  the  Director  upon  completion  of  a  structure  or  fea- 


COSTKEEPING.  121 

ture  of  the  work.  The  blank  spaces  on  the  form  should  be  filled  in 
as  far  as  information  is  available.  Comparative  reports  of  mess- 
house  unit  costs,  and  of  corral  unit  costs  are  to  be  made  on  Forms 
7-789,  and  7-798 ;  copies  of  these  reports  are  to  be  sent  to  all  stew- 
ards, or  cooks,  and  to  all  stable  bosses,  and  one  copy  should  be  fur- 
nished the  project  manager,  supervising  engineer,  and  Director.  A 
detailed  statement  of  general  expenses  should  also  be  made  monthly 
on  the  project  monthly  cost  report,  Form  7-834  (See  general  ex- 
penses). Monthly  progress  reports  for  contract  work  are  to  be 
made  on  Form  7-836.  On  June  30,  and  December  31  of  each  year 
reports  on  Form  7-834,  shall  be  forwarded  to  the  Director  for  each 
numbered  principal  feature  and  its  parts,  in  accordance  with  the 
number  and  letter  index.  The  sum  of  these  reports  will  equal  the 
amount  entered  on  the  principal  feature  cost  report  for  the  principal 
feature  named.  When  a  feature  is  completed  final  unit  costs  are  to 
be  reported  in  detail,  in  accordance  with  the  account  number  classi- 
fication. If  done  by  Government  force,  the  reports  are  to  be  pre- 
pared on  Form  7-834;  if  by  contract,  on  Form  7-837,  and  7-838. 
(SEE  CONTRACTOR'S  COSTS.) 

9.  Operation  and  maintenance  costs. — In  addition  to  keeping 
accurate  total  costs  of  operation  and  maintenance  work,  it  is  desired 
to  determine  the  cost  per  acre  of  land  irrigated  and  per  acre-foot  of 
water  delivered,  and  therefore  careful  statistics  of  these  matters 
should  be  kept.  The  effectiveness  of  different  designs  or  types  of 
structures  and  ditches  is  determined  largely  by  costs  of  operation 
and  maintenance.  This  leads  to  a  reconsideration  of  original  con- 
struction work  and  illustrates  the  value  of  operation  and  mainte- 
nance costkeeping  from  a  constructional  standpoint.  The  accounts 
for  operation  and  maintenance  should  be  grouped  under  the  general 
heads  of  operation,  maintenance  and  betterments ;  but  the  charges  to 
features  of  the  project  under  these  general  heads  should  be  classified 
and  subdivided  to  show  the  details  of  the  items  entering  into  the 
cost.  General  accounting  records  for  operation  and  maintenance 
should  be  maintained  and  compiled  in  conformity  with  the  uniform 
system  applied  to  construction  features.  Separate  cost  ledger  ac- 
counts for  construction  and  for  operation  and  maintenance  should 
be  kept  in  the  general  ledger.  Operation  and  maintenance  features 
should  be  designated  in  order  to  avoid  confusing  them  with  con- 
struction features,  especially  on  the  feature  reports  sent  to  the  Di- 


122  RECLAMATION   SERVICE   MANUAI, 

rector.  Under  the  general  head  of  operation  should  be  carried  the 
accounts  covering  charges  for  the  proper  distribution  of  water. 
Local  conditions  should  govern  the  classification  of  accounts  and 
this  matter  is  therefore  left  to  the  discretion  of  the  engineer  or  op- 
erating manager  in  charge.  Under  the  general  head  of  mainte- 
nance should  be  carried  the  accounts  covering  charges  for  main- 
taining the  completed  features  of  the  project.  Accounts  should  be 
opened  only  for  the  main  features  of  the  work.  Under  the  general 
head  of  betterments  should  be  carried  the  accounts  covering  charges 
for  betterments  to  completed  features  of  the  work,  that  is,  charges 
for  supplementary  construction  and  for  repairs  that  tend  to  improve 
the  features  as  originally  constructed.  The  feature  accounts  should 
be  consolidated  and  detailed  costs  should  be  kept  only  for  the  larger 
features,  or  groups  of  features,  receiving  benefit.  It  may  be  neces- 
sary in  some  cases  to  keep  separate  accounts  with  each  construction 
feature,  in  order  that  the  engineer  may  compare  the  cost  for  better- 
ments on  certain  features  with  those  on  similar  features  elsewhere. 
When  this  information  is  desired,  it  should  be  furnished,  but  a  mi- 
nute refinement  of  these  accounts  should  be  avoided.  On  many  proj- 
ects the  three  general  heads  of  operation,  maintenance,  and  better- 
ments may  be  used  as  the  main  features  or  general  accounts  to  be 
carried,  and  the  physical  features  of  the  work  given  an  account 
number  and  carried  as  a  classification  under  these  captions.  This 
plan  is  advised  where  practicable,  for  all  of  the  accounts  will  then 
be  shown  in  a  condensed  form,  obviating  the  necessity  of  compli- 
cated bookkeeping  records. 

10.  Cost  data  cards. — Each  project  manager  should  have  on 
his  desk  a  file  of  cost  data  cards,  the  records  on  which  are  kept  up 
to  date  by  the  costkeeper,  showing  for  the  various  features  under 
construction  and  completed,  unit  costs  of  excavating  different 
classes  of  material,  laying  concrete,  tunneling,  etc. ;  and  for  various 
camps,  unit  costs  of  subsistence,  feeding  animals,  etc.,  as  well  as 
total  costs  to  date  and  of  final  features  or  structures  as  a  whole. 
The  cards  may  be  arranged  to  show  comparisons  of  costs,  by 
months,  of  features  either  finished  or  unfinished,  so  that  the  engi- 
neer may  at  any  time  find  not  only  what  the  items  or  the  whole 
of  a  finished  structure  have  cost,  but  also  what  those  under  con- 
struction are  costing  from  day  to  day.  These  cards  should  contain 
notes  explaining  unusual  conditions  affecting  the  work,  and  par- 
ticularly any  apparently  excessive  or  unusually  low  -prices.  Such  a 


COST   LEDGER.  123 

card  system  will  frequently  enable  the  engineer  to  issue  instructions 
to  his  subordinates  more  intelligently  with  respect  to  the  cost  or 
amount  of  their  work,  and  it  may  also  aid  him  materially  in  prepar- 
ing monthly  project  cost  reports  for  the  Director  and  special  reports 
relating. 

11.  Index,  number  and  letter. — This  index  is  provided 
to  define  through  the  cost  reports,  the  cost  of  principal  features  of 
a  project.  The  numbers  and  letters  are  to  be  inserted  on  each  page 
of  the  cost  ledger  to  facilitate  the  assembling  in  proper  sequence 
reports  for  related  parts  of  main  features,  though  the  account  num- 
bers scatter  the  accounts  through  the  cost  ledger  in  an  entirely  dif- 
ferent order.  In  applying  numbers  and  letters  it  may  be  well  to 
remember  that  after  a  number  has  been  assigned  a  principal  feature 
it  is  never  changed.  The  letters  may  be  used  on  several  reports  for 
correlating  the  parts.  When  the  work  is  of  a  preliminary  nature, 
a  so-called  principal  feature  should  be  established.  This  prelimi- 
nary account  may  continue  until  such  time  as  it  may  be  distributed. 

COST  LEDGER. 

In  the  cost  ledger,  the  various  accounts  should  be  arranged  in  the 
same  numerical  order  as  shown  in  the  local  account  number  classifi- 
cation book.  The  sheets  are  ruled  with  several  double  columns,  one 
for  the  monthly  cost  and  another  for  the  total  cost  to  date.  After 
filling  in  the  spaces  for  "project,"  "folio  No.,"  "feature,"  and 
"principal  feature  number"  and  "letter,"  the  bookkeeper  should 
open  the  ledger  with  an  account  with  each  feature  from  which  bal- 
ances have  been  brought  down,  according  to  this  classification,  and 
insert  the  account  numbers  under  each  subdivision,  and  the  title  of 
the  account  the  number  represents.  When  new  numbers  are  added 
or  new  subdivisions  created,  the  bookkeeper  and  others  interested  in 
compiling  the  figures  used  in  making  up  the  various  cost  accounts 
should  be  notified.  The  main  channels  for  entry  to  the  cost  ledger 
are: 

(a)  Inventory  accounts  and    other    direct    charges    from    the 
Voucher  Registers. 

(b)  General  classification  book,  Form  7-822  and  7-823. 

(c)  Journal  vouchers,  Form  7-821. 

Care  should  be  taken  to  see  that  every  item  of  expense  is  posted 


124:  RECLAMATION   SERVICE   MANUAL 

to  the  cost  ledger,  when  a  trial  balance  should  be  taken,  and  the 
figures  verified,  the  balance  agreeing  with  the  cost  ledger  account  in 
the  general  ledger.  If  this  is  found  to  be  true,  close  the  accounts 
in  the  cost  ledger  and  make  out  the  several  project  monthly  cost 
reports,  Form  7-834  for  the  information  of  project  employees,  and 
principal  feature  cost  report,  Form  7-835  (in  triplicate)  for  the 
Director's  office. 

COUPONS,  UNUSED,  REDEMPTION  OF. 

-  K       When  employees  are  leaving  the  service  and  present  unused  cou- 
v  pons  for  redemption,  voucher  Form  7-430  and  memorandum  copy 
^  Form  7-431  should  be  used  for  recording  the    transaction.     The 
coupons  surrendered  by  the  individuals  should  be  attached  to  the 
voucher  and  appropriate  memorandum  made  to  identify  the  cou- 
pons with  the  record  on  the  voucher.     This  voucher  requires  cer- 
tification by  the  payee.     In  other  respects  it  is  similar  to  a  payroll 
voucher.     Coupons  not  attached  to  the  book  and  books  presented 
by  persons  other  than  those  to  whom  issued  must  not  be  redeemed. 

DEMURRAGE,   SWITCHING  CHARGES,   ETC., 
VOUCHERS  FOR. 

When  it  becomes  necessary  for  the  special  fiscal  agent  to  make 
payment  to  railroads  for  demurrage,  switching  charges,  or  other 
special  services,  the  voucher  upon  which  payment  is  made  should 
contain  a  reference  to  the  number  of  the  bill  of  lading  upon  which 
the  regular  freight  charges  are  to  be  paid.  The  voucher  should  also 
supply  such  other  information  as  car  number,  date  of  arrival  at  des- 
tination and  date  of  release  of  the  car,  as  will  enable  the  Auditor  to 
verify  the  account.  Wherever  possible  the  bill  of  lading  should  be 
held  until  the  car  is  released,  or  until  notations  can  be  made  thereon 
covering  the  special  service  rendered  so  that  settlement  can  be  made 
with  the  railroad  on  the  same  account  which  carries  the  freight 
charges,  thus  taking  care  of  the  entire  transaction  at  one  time.  If 
the  railroad  agent  demands  the  surrender  of  the  bill  of  lading  before 
the  information  can  be  placed  thereon,  and  payment  for  such  special 
service  is  made  upon  a  separate  voucher,  a  letter  should  be  addressed 


DESERT  LAND  ENTRIES.  125 

to  the  transportation  agent  at  once  giving  him  full  reference  to  the 
voucher,  to  the  amount  of  the  payment  made  and  the  reasons  there- 
for, so  that  it  may  be  incorporated  with  the  claim,  and  serve  as  a 
cross  reference  to  the  two  payments  when  the  papers  reach  the 
Auditor's  office. 

DEPARTMENTS,     BUREAUS     OR     OFFICES,     PUR- 
CHASES FROM  AND  SALES  TO. 

By  Treasury  circular  of  October  1,  1901,  the  rule  is  established 
that  no  payments  can  be  made  from  one  appropriation  to  another 
by  special  fiscal  agents,  but  that  all  such  transfers  must  be  made  by 
an  auditor  of  the  Treasury  Department  upon  an  account  properly 
stated  and  submitted  to  him.  For  this  purpose  Form  7-464  has  been 
prepared  for  use  in  making  collections  through  the  Treasury  De- 
partment from  other  departments,  bureaus  and  offices.  For  sales 
made  or  services  performed  for  other  Government  offices,  the  claim 
should  be  prepared  in  the  same  form  as  the  regular  collection 
voucher  with  sufficient  memorandum  copies  to  give  each  project  in- 
terested a  copy,  one  for  the  files  of  the  Director  and  one  original 
claim  for  the  bureau  or  office  against  which  the  charge  is  made. 
This  collection  claim  should  be  certified  by  the  local  officers  of  the 
Reclamation  Service  and  by  the  local  representative  of  the  depart- 
ment, bureau  or  office  receiving  the  supplies  or  services  and  should 
then  be  forwarded  to  the  Director  for  approval.  It  will  then  be 
transmitted  to  the  department,  bureau  or  office  to  be  charged  and 
when  approved  will  be  forwarded  to  the  proper  auditor  for  settle- 
ment. Special  fiscal  agents  must  not  make  payment  to  other  Gov- 
ernmental offices  for  claims  against  the  Reclamation  Service.  This 
also  applies  even  though  the  appropriations  affected  are  for  the  same 
department,  bureau  or  office. 

DESERT-LAND  ENTRIES,  UNDER  RECLAMATION 
PROJECTS,  FINAL  PROOFS  ON. 

For  instructions  see  circular  of  the  General  Land  Office  and 
Reclamation  Service,  approved  February  6,  1913,  as  amended 
to  date. 


126  RECLAMATION   SERVICE    MANUAL 

DESIGNS. 

Designs  available,  par.'  2. 
Form  of  computation  sheets,  par.  5. 
Standard  designs  and  precedents,  par.  3. 
Stress  computation  sheets,  par.  4. 
Use  of  standard  designs,  par.  1. 

1.  Use  of  standard  designs. — Standard  designs  for  nearly  all 
minor  irrigation  structures  have  been  issued  in  letter-size  sheets. 
In  the  standardization  of  these  structures  it  has  been  the  intention 
to  secure  designs  comprehensive  enough  to  be  applicable  to  all  of  the 
climatic  and  topographic  conditions  of  the  irrigation  territory  of 
the  Service  and  for  this  reason  dimensions  and  quantities  have  been 
tabulated  for  a  large  variety  of  conditions.     The  standard  designs 
will  therefore  be  adaptable  to  the  conditions  existing  on  any  of  the 
irrigation  projects  and  for  the  sake  of  economy  should  be  generally 
used.     Where  modifications  are  required    to    adapt    the    standard 
structures  to  existing  conditions,  these  modifications  should  be  care- 
fully made.    In  exceptional  cases  conditions  may  require  the  prep- 
aration of  special  designs. 

2.  Designs  available. — There  are  available  for  distribution 
standard  designs  for  the  following    structures:  Highway    bridge 
abutments,  highway  bridges,  buildings,  drainage  culverts,  wooden 
drops,  concrete  flumes,  wooden  flumes,  cast-iron  gates,  turnouts,  re- 
inforced concrete  retaining  walls  and  concrete  spillways. 

3.  Standard  designs  and  precedents. — In  case  of  the  use  of 
standard  designs  and  precedents  without  entering  into  a  re-analysis 
of  stresses,  full  information  should  accompany  the  plans  regarding 
the  source  of  the  design  and  the  location  and  description  of  the  pre- 
cedent structure,  with  references  to  any  discussions  thereof  that  may 
be  known. 

4.  Stress  computation  sheets. — It  is  desirable  to  preserve  a 
complete  record  of  the  engineering  elements  of  each  project,  such 
as  estimated  cost,  actual  cost,  specifications,  plans  and  stress  analy- 
ses of  structures.     Stress  diagrams  and  computation  sheets  need 
not  accompany  the  plans  submitted  to  the  Director  for  approval 
except  in  the  case  of  structures  of  exceptional  importance  or  un- 
usual design.     Although  the  methods  of  computation  and  compila- 
tion are  not  limited,  information  concerning  the  nature,  dimensions, 


DISCOUNT   FOR   CASH    PAYMENT.  127 

loadings  and  stresses  of  the  members  of  structures  should  be  col- 
lected into  systematic  form  under  appropriate  headings  so  that  it 
may  be  intelligently  followed  with  a  minimum  expenditure  of  time, 
and  should  then  be  filed  in  the  project  office  as  part  of  the  history 
of  the  structure  to  which  it  pertains.  The  unit  working  stresses 
used  in  the  computations  should  invariably  be  stated  on  the  compu- 
tation sheets. 

5.  Form  of  computation  sheets. — All  computations  should  be 
made  on  sheets  of  regular  letter  size  for  convenience  in  filing  and 
so  that  the  data  may  be  collected  and  bound  in  a  volume.  In  case  of 
revision  of  computations  do  not  destroy  the  old  sheets  but  mark 
them  "superseded"  and  give  references  to  the  revised  computations. 

77/A/^y  *-' 

DISCOUNT  FOR  CASH  PAYMENT. 

The  advantage  of  discounts  for  prompt  payment  should  not  be 
overlooked,  and  if  by  prompt  action  in  the  payment  of  accounts,  a 
saving  can  be  had  by  reason  of  cash  discount,  employees  should  be 
alert  to  make  such  savings.  In  all  cases,  prompt  payment  should  be 
made,  since  it  improves  the  attitude  of  merchants  toward  the  Serv- 
ice, resulting  in  better  service,  favorable  prices  and  sharper  compe- 
tition. Discounts  for  prompt  payments  should  be  solicited  upon  all 
requests  for  proposals  by  inserting  in  a  prominent  place,  on  Form 
7-704  (advertisement),  the  following:  "State  terms  of  discount 
for  prompt  payment,"  or  the  local  trade  expression  conveying  the 
same  meaning.  Where  bidders  fail  to  note  any  discount  the  lowest 
bidder  should  be  asked,  before  advising  him  of  the  acceptance  of  his 
bid,  if  he  will  grant  a  discount  for  prompt  payment.  The  period  is 
usually  counted  from  the  date  of  the  invoice,  but,  if  desirable, 
the  request  for  discount  may  ask  for  rate  of  discount  for  "payment 

within days  after  receipt  of  invoice  in  project  office." 

If  goods  are  shipped  f.o.b  cars  at  shipping  point,  they  become  Gov- 
ernment property  upon  acceptance  of  shipment  by  the  transporta- 
tion company  and  the  signing  of  bill  of  lading.  If  necessary  to  se- 
cure discount,  payment  may  be  made  to  the  merchant  upon  receipt 
of  signed  bill  of  lading.  Gummed  slips  of  red  paper  bearing  the 
word  "Discount"  can  be  had  upon  requisition  on  the  Director's  of- 
fice. These  should  be  attached  to  any  invoice  upon  receipt  in  the 
office,  which  contains  a  provision  for  cash  discount.  All  employees 
should  be  informed  of  the  significance  of  invoices  marked  in  this 


128  RECLAMATION   SERVICE   MANUAL 

manner,  and  it  should  be  their  duty  to  expedite  their  handling  until 
payment  by  the  special  fiscal  agent.  The  terms  of  a  discount  offer 
should  be  incorporated  in  the  purchase  order  or  contract.  The  dis- 
count should  be  computed  on  the  gross  amount  of  the  purchase. 

DRAINAGE,  COST  OF,  WHEN  CHARGEABLE  TO 
BUILDING. 

Such  drainage  as  is  obviously  necessary  during  the  construction 
period  should  be  carried  out  and  charged  to  the  building  cost  of  the 
project,  but  such  drainage  work  as  may  not  be  thus  obviously  neces- 
sary and  carried  out  is  properly  charged  to  operation  and  mainte- 
nance when  the  expense  is  incurred. 

DRAINAGE  ENGINEERING. 

The  engineer  in  charge  of  drainage  is  charged  with  the  duties  of 
making  studies  of  drainage  conditions  on  all  projects  and  of  either 
supervising  the  preparation  or  of  attaching  approval  to  plans  for 
drainage  works. 

It  is  expected  that  the  making  of  surveys  and  collecting  data  for 
the  planning  of  drainage  works  will,  in  so  far  as  possible,  be  done  by 
the  field  offices  in  accordance  with  plans  suggested  by  the  engineer 
in  charge  of  drainage;  also  that  the  actual  construction  of  drainage 
works  will  be  done  by  the  field  offices. 

Where  there  is  an  apparent  need  for  drainage,  the  supervising  en- 
gineer should  call  it  to  the  attention  of  the  Director,  sending  copy  of 
his  letter  to  the  engineer  in  charge  of  drainage,  in  order  that  the 
work  of  preparing  plans  may  be  taken  up.  Copies  of  reports  and 
correspondence  from  the  field  to  the  Washington  office  relating  to 
drainage  should  be  sent  to  the  engineer  in  charge  of  drainage. 
Likewise  copies  of  reports  and  correspondence  from  the  engineer 
in  charge  of  drainage  to  the  Washington  office  should  be  sent  to  the 
supervising  engineers  and  project  managers  interested. 

DRAWINGS,  MAPS,  PRINTS,  ETC. 

Construction  plans,  par.  2 

General  rules  for  preparing  drawings,  par.  8. 

Lettering,  par.  5. 

Maps,  drawings,  etc.,  par.  9. 


DRAWINGS,    MAPS,    PRINTS,    ETC.  129 

Miniature  drawings,  par.  4. 
Reproduction  in  colors,  par.  7. 
Size  of  maps  and  drawings,  par.  3. 
Symbols,  par.  6. 
Transmission  and  reproduction,  par.  1. 

1.  Transmission  and  reproduction. — On  completion  at  the 
local  offices,  maps  and  drawings  of  a  permanent  character,  such  as 
plane  table  sheets  of  canal,  reservoir,  dam  site  and  irrigable  land 
surveys,  final  designs  for  structures,  etc.,  should  be  immediately 
sent  to  the  Director's  office,  where  they  will  be  recorded,  and  photo- 
graphed or  otherwise  reproduced  if  copies  are  required.    The  origi- 
nals will  be  returned  to  the  local  offices,  and  paper  negatives  thereof 
will  be  filed  in  the  Director's  office,  from  which  prints  can  be  made 
and  supplied  as  they  are  needed.     If  preferred,  however,  the  origi- 
nals will  be  retained  in  the  Director's  office,  and  paper  negatives  or 
prints  sent  to  the  local  offices.    It  is  an  imperative  requirement  that 
final   plans    of    all    structures   as    actually   built   be    filed    in    the 
project  office.     It  is  also  essential  that  a  complete  set  of  draw- 
ings for  each  of  the  more  important  structures  as  actually  con- 
structed or  under  construction  be  on  file  in  the  Director's  office. 
Drawings  of  minor  structures  or  equipment  of  unusual  type,  and  a 
few  drawings  representative  of  the  standard  designs  for  secondary 
structures  used  on  each  project  are  also  desired.     Care  should  be 
used  in  sending  these  drawings  to  include  all  essential  details  of 
structures  while  at  the  same  time  avoiding  cumbering  the  Washing- 
ton office  files  with  large  working  drawings  which  deal  with  details 
of  construction  not  necessary  in  a  general  consideration  of  the  plans. 

2.  Construction  plans. — Plans   for  construction   work    sub- 
mitted to  the  Director  should  be  definite,  consistent  and  complete. 
They  should  show  in  general  the  forms  of  structures,  their  dimen- 
sions, hydraulic  functions,  the  materials  of  which  they  are  to  be 
constructed,  the  character,  so  far  as  practicable,  of  the  foundations 
upon  which  they  are  to  rest  and  the  purposes  for  which  they  are 
designed.     Sufficient  detailed  information  relating  to  these  points 
should  be  incorporated  in  the  drawings  to  enable  any  competent 
engineer  to  determine  therefrom  the  loadings  and  stresses  of  the 
members  of  the  structures,  and  the  plans  should  be  accompanied 
by  a  statement  of  the  peculiar  local  conditions,  if  any,  governing 
choice  of  design.     The  plans  for  contract  work  should  be  trans- 


130  RECLAMATION   SERVICE   MANUAL 

mitted  to  the  Director  at  the  time  of  sending  the  specifications,  as 
the  time  required  for  reviewing  and  reproducing  the  plans  is  about 
the  same  as  that  required  for  reviewing  and  printing  the  specifica- 
tions. If  the  construction  is  to  be  accomplished  by  Government 
forces,  the  plans  should  accompany  the  request  for  authority  for 
such  work.  In  extended  operations  of  this  character  outline  plans 
may  be  submitted  at  first,  to  be  followed  later  by  complete  plans 
as  they  are  worked  out.  All  important  drawings  should  be  ap- 
proved by  the  project  and  supervising  engineers  and  if  possible  by 
the  Chief  Engineer,  or  if  considered  by  a  board  of  engineers  they 
should  bear  the  signatures  of  the  members  of  the  board. 

3.  Size  of  maps  and  drawings. — For  uniformity  and   con- 
venience of  filing  it  is  desirable  that  drawings  should  conform  to  the 
following  dimensions : 

Border  Line.  Trimming  Line. 

7x9^  8x10^ 

9^x14  10>^xl5 

13^x19^  15x21 

19x28  21x30 

28x40  30x42 

These  sizes  are  based  on  the  standard  letter  sheet  with  slight  varia- 
tion in  the  multiple  sizes  to  promote  economy  in  the  cutting  of 
drawing  material.  Published  maps,  drawings  and  plans  accom- 
panying printed  specifications  are  as  far  as  possible  issued  with  a 
uniform  page  height  of  10^  inches  with  9y2  inches  between  border 
lines.  Contract  drawings  intended  for  publication  are  generally 
drawn  for  one-half  reduction  and  should  not  exceed  19  inches  from 
top  to  bottom  border  line.  The  usual  width  or  horizontal  dimension 
is  28  inches,  but  when  necessary  this  may  be  diminished  or  in- 
creased to  not  less  than  14  inches  nor  more  than  70  inches.  Draw- 
ings may  also  be  prepared  with  other  reductions  in  view,  such  as 
one-third  or  one-fourth,  but  the  point  should  .always  be  considered 
that  when  reduced  the  vertical  dimension  will  be  9^  inches  and  the 
horizontal  not  less  than  7  nor  more  than  35  inches  between  border 
lines.  Drawings  should  be  so  prepared  that  when  reduced  they 
will  be  on  a  convenient  scale. 

4.  Miniature  drawings.— Whenever  plans  and  detail  draw- 
ings are  made  of  any  large  or  important  structure,  machine,  or  other 


DRAWINGS,    MAPS,    PRINTS,    ETC.  131 

device,  a  set  of  miniature  drawings  should  be  prepared  on  one  or 
more  sheets  of  standard  letter  size,  namely  8  by  105/2  inches.  These 
drawings  should  contain  as  few  lines,  letters  or  symbols  as  possible 
and  yet  show  the  essential  features  of  the  structure  or  machinery 
and  the  relation  of  these  one  to  another.  The  necessity  for  these 
drawings  arises  from  the  fact  that  it  is  impossible  for  the  Director 
or  others  in  the  Washington  office  to  take  the  time  to  become  famil- 
iar with  all  the  large  drawings  or  to  explain  them  at  times  of  emer- 
gency to  busy  public  men.  On  the  other  hand,  it  is  absolutely  essen- 
tial that  the  general  features  of  the. work  be  made  clear  instantly  to 
persons  who  are  seeking  information.  The  title  of  the  "miniature" 
should  refer  to  the  large  scale  drawing  from  which  it  is  reduced  in 
such  way  as  to  insure  identification.  It  should  be  transmitted  with  a 
concise  letter  of  explanation  and  attached  to  the  letter  in  such  way 
that  the  whole  can  be  placed  in  the  letter  file  for  quick  reference. 
The  "miniature"  drawings  should  be  reproduced  in  such  quantity, 
by  blue  printing  or  other  process,  that  they  can  be  used  fre'ely  in 
each  monthly  report  and  in  each  letter  describing  general  condi- 
tions, the  portion  of  the  work  under  discussion  being  indicated  by 
colored  pencil  on  the  drawing;  for  example,  if  during  the  month  cer- 
tain work  has  been  executed  on  a  certain  part  of  the  project,  this 
should  be  indicated  by  a  stroke  of  a  red  pencil,  or  if  in  a  given  ma- 
chine a  defect  has  been  noted  this  part  should  be  similarly  shown. 
The  use  of  these  "miniature"  drawings  does  not  do  away  with  the 
necessity  of  supplying  the  Washington  office  with  copies  of  impor- 
tant larger  drawings. 
5.  Lettering. 

(a)  STRUCTURAL  DRAWINGS. 

GOTHIC  ITALIC  lettering  should  be  used  on  all  structural  and 
mechanical  drawings.  Capitals  for  special  emphasis  and  titles; 
lower  case  for  general  description  and  notes. 

GOTHIC  CAPITALS  are  used  for  titles  on  published  draw- 
ings. 

(b)  MAPS. 

ROMAN  CAPITALS  are  used  for  map  titles  and  for 
names  of  states,  counties,  townships,  reservations,  capitals,  cities 
and  all  civil  divisions. 


13g  RECLAMATION   SERVICE   MANUAL 

Lower  Case  Eoman  is  used  for  towns,  villages,  settle- 
ments, etc. 

ITALIC  CAPITALS  are  used  for  large  lakes  and  rivers. 

Lower  case  italics  are  used  for  all  other  drainage  such  as 
creeks,  small  lakes  and  streams. 

GOTHIC  ITALIC  CAPITALS  are  used  for  canals,  reservoirs, 
railroads  and  other  public  works. 

GOTHIC  CAPITALS  are  used  for  topographic  features 
such  as  mountains,  canyons,  mesas,  etc. 

Lettering  on  drawings  should  be  placed  to  be  read  from  the  bot- 
tom or  the  right  side  of  the  drawing.  Lettering  done  by  means  of 
type  is  more  economical  than  the  ordinary  draftsman's  work  and 
gives  better  results  in  reproduced  drawings.  As  the  Director's  office 
has  a  complete  equipment  for  lettering  by  this  method,  it  is  recom- 
mended that  the  lettering  on  drawings  intended  for  reproduction  in 
the  Washington  office  be  indicated  plainly  by  pencil  only. 

6.  Symbols. — The  symbols  shown  on  opposite  page  represent 
irrigation  structures  commonly  encountered  in  drafting  room  prac- 
tice.    Other  symbols  used  for  map  work  are  shown  on  sheets  pub- 
lished by  the  U.  S.  Geological  Survey,  designated  as  "Conventional 
Signs  Adopted  by  the  U.  S.  Geographic  Board" ;  and  "Lettering 
and  Conventional  Signs."     These  sheets  may  be  obtained  through 
the  Director's  office. 

7.  Reproduction  in  colors. — Reproduction  in  colors  can  be 
readily  made  when  the  color  distinction  adds  to  the  utility  of  the 
finished  map  or  drawing.     No  special  provision  need  be  made  on 
the  originals  when  color  distinctions  are  required,  except  that  the 
appropriate  colors  may  be  used. 

8.  General  rules  for  preparing  drawings. — (a)    Graphic  or 
bar  scales  should  always  be  shown  on  drawings  which  are  to  be  re- 
duced,     (b)   In  preparing  drawings  for  reduction  the  draftsman 
should  constantly  bear  in  mind  that  the  weight  of  lines  and  size  of 
lettering  will  be  reduced  in  the  same  ratio  as  the  dimensions  of  the 
drawing,      (c)    Space  should  be  left  in  the  lower  right  hand  corner 
of  each  drawing  for  a  title  of  suitable  size  for  reduction.     For  one- 
half  reduction  this  space  should  be  about  3  inches  by  6  inches. 
Titles  of  drawings  should  show  the  name  of  the  project,  subject 
of  drawing  and  date,  and  sheet  number,  if  belonging  to  a  set, 


CONVENTIONAL  SIGNS 

FOR    IRRIGATION    STRUCTURES 


DAM 


DIVERSION  DAM   OR   WEIR  1» 


HEADWORKS 

TUNNEL 

BRIDGE 


1 


SPILLWAY  •••• 

DRAINAGE  CULVERT  UNDER  CANAL  •  • 

BOX   OR  PIPE   CULVERT   UNDER  ROAD 

FLUME  

CHECK  OR  DROP  [ 

SIPHON  OR  COVERED  CONDUIT 
SLUICEWAY  •• 
TURNOUT  •  •  - 

TELEPHONES   

TELEPHONE  LINE    • 
TRANSMISSION  LINE 


EIGHT-HOUR  LAW.  133 

special  prominence  being  given  to  the  main  subject  of  the  drawing. 
In  the  title  or  in  the  lower  left-hand  corner  of  the  drawing  the 
folio  wing,  notation  should  be  placed  on  three  separate  lines:  "De- 
signed by ,  drawn  by *....,  checked 

by The  drawing  should  also  bear  the  project 

office  file  number.  On  published  contract  drawings,  this  title  will 
be  replaced  by  standard  titles  without  injury  to  the  original,  (d) 
Vertical  sections  and  elevations  taken  across  a  stream  or  canal 
should  be  shown  looking  down  stream.  Stationing  of  profiles 
should  increase  from  left  to  right  and  should  increase  down 
stream  for  irrigation  canals  and  upstream  for  drainage  ditches, 
(e)  Maps  should  show  the  direction  of  the  meridian  and  all 
legal  subdivisions  or  coordinate  lines  should  be  referred  to  fixed  and 
readily  identified  points  as  section  or  quarter-section  corners,  (f) 
Drawings  for  reproduction  may  be  made  on  tracing  cloth,  Strath- 
more  board,  good  white  paper,  profile  paper,  cross-section  paper, 
etc.  Superfluous  lines  on  profile  and  cross-section  paper  can  be 
eliminated  in  reproduction. 

9.  Maps,  drawings,  etc. — As  far  as  practicable  all  general 
information,  maps,  drawings,  should  be  printed  in  the  annual  re- 
ports or  other  publications  of  the  Service.  Published  maps, 
farm  unit  plats,  etc.,  shall  be  disposed  of  at  the  estimated  cost  of 
printing  and  handling,  as  determined  by  the  Director  of  the  Reclam- 
ation Service.  All  finished  maps  and  profiles  which  are  not  pub- 
lished and  which  show  physical  conditions  may  be  reproduced  and 
photographed  and  copies  disposed  of  to  all  persons  who  desire  them 
at  the  estimated  cost  of  production  and  handling,  as  determined  by 
the  Director. 

EIGHT-HOUR  LAW. 

Act  of  June  19,  1912,  par.  3. 

Determination  of  extraordinary  emergency,  par.  2. 
Law,  par.  1. 

Payment  for  excess  services,  par.  5. 
Reports  of  violations,  par.  4. 
(See  also  CONTRACTS,  PAR.  52.) 

1.  Law.— See  act  of  August  1,  1892  (27  Stat.  L.,  340),  page 
526.  The  Attorney  General  of  the  United  States  has  held  that 


134  RECLAMATION   SERVICE   MANUAL 

the  provisions  of  the  said  act  apply  to  work  under  the  Reclamation 
Act,  Section  4,  of  which  provides  that : 

In  all  construction  work  eight  hours  shall  constitute  a 
day's  work. 

2.  Determination  of  extraordinary  emergency.— To  the  en- 
gineer or  manager  in  charge,  subject  to  review  by  his  superior  offi- 
cers will  be  entrusted  the  discretion  in  determining  the  existence 
of  an  extraordinary  emergency  requiring  work  in  excess  of  eight 
hours  per  day.  This  is  limited  to  persons  employed  and  paid  by 
the  United  States.  Extraordinary  emergency  is  not  defined  by  the 
statutes,  but  depends  wholly  upon  the  facts  of  each  particular  case. 
However,  the  following  has  been  given  as  a  definition : 

An  extraordinary  emergency  is  the  sudden,  unexpected 
happening  of  something  not  of  the  usual,  customary  or  reg- 
ular kind,  demanding  prompt  action  to  avert  imminent  dan- 
ger to  life,  limb,  health  or  property ;  the  possibility  of  either 
is  not  enough.  The  peril  must  be  sudden,  unusual,  immi- 
nent and  actual  in  order  to  constitute  an  extraordinary 
emergency. 

The  fact  that  certain  logs  on  an  Indian  reservation  may  be  rap- 
idly decreasing  in  value  because  of  deterioration  and  decay  and  that 
their  further  deterioration  and  the  consequent  financial  loss  to  the 
Indians  can  be  prevented  only  by  overtime  labor  in  immediately 
manufacturing  them  into  lumber  does  not  constitute  an  "extraordi- 
nary emergency"  within  the  meaning  of  the  act  of  August  1,  1892, 
forbidding  more  than  eight  hours  of  work  per  day  by  laborers  em- 
ployed by  the  Government  except  in  cases  of  extraordinary  emer- 
gency. (July  14,  1908;  37  L.  D.,  32.) 

3.  Act  of  June  19,  1912. — The  Act  of  Congress  approved 
June  19,  1912  (37  Stat,  137),  printed  on  page  526',  requires  that 
every  contract  made  on  behalf  of  the  United  States  or  any  Ter- 
ritory or  the  District  of  Columbia,  which  may  require  or  involve 
the  employment  of  laborers  or  mechanics  shall  contain  a  provision 
prohibiting  employment  of  any  laborer  or  mechanic  for  more  than 
eight  hours  in  any  one  calendar  day  upon  such  work,  and  providing 
a  penalty  for  each  violation  of  such  provision.  Therefore  in  all 


EIGHT-HOUR  LAW.  135 

contracts    within  the  scope  of  the  act,  the    following    provision 
should  be  inserted : 

No  laborer  or  mechanic  doing  any  part  of  the  work,  con- 
templated by  this  contract,  in.  the  employ  of  the  contractor 
or  any  sub-contractor  contracting  for  any  part  of  said  work 
contemplated,  shall  be  required  or  permitted  to  work  more 
than  eight  hours  in  any  one  calendar  day  upon  such  work. 
For  each  violation  of  the  foregoing  provision  the  contractor 
shall  be  subject  to  a  penalty  of  five  dollars  for  each  laborer 
or  mechanic  for  every  calendar  day  in  which  he  shall  be 
required  or  permitted  to  labor  more  than  eight  hours  upon 
said  work.  The  amount  of  such  penalties  will  be  withheld 
for  the  use  and  benefit  of  the  United  States  from  any  pay- 
ments to  be  made  under  this  contract. 

In  connection  with  this  Act  see  Comptroller's  decision  Aug.  19, 
1912.  See  also  opinion  of  the  Attorney  General,  January  22,  1913. 

4.  Reports  of  violations. — Executive  Order  dated  September 
19,  1906,  makes  the  following  requirements  regarding  reports  of 
violations  of  the  eight-hour  law: 

I.  All  Departments  of  the  Government  under  the  super- 
vision of  which  public  works  are  being  constructed  are  here- 
by directed  to  notify  the  representatives  stationed  at  such 
public  works  to  report  at  once  to  their  respective  Depart- 
ments all  cases  in  which  contractors  or  sub-contractors   on 
works  now  under  construction  have  required  or  permitted 
laborers  or  mechanics  in  their  employ  to  work   over  eight 
hours  in  any  one  calendar  day. 

II.  All  Government  representatives  in  charge  of  construc- 
tion of  public  works  are  further  directed  that  it  is  part  of 
their  duty  to  report  to  their  respective  Departments  each 
and  every  case  in  which  laborers  or  mechanics  are  required 
or  permitted  to  work  over  eight  hours  a  day  on  the  works 
under    supervision    of    such    Government    representatives. 
Wherever  reports  showing  work  in  excess  of  eight  hours  a 
day  are  received  by  any  Department  they  are  to  be  referred 
to  the  Department  of  Justice  for  appropriate  action. 

III.  All  Departments  of  the  Government  under  the  super- 
vision of  which  public  works  are  being  constructed  by  con- 
tract are  further  directed  to  have  their  respective  legal  offi- 
cers prepare  and  forward  to  the  President  a  list  of  such 
statutes  and  executive  orders  as  have  a  direct  bearing  on 
contracts  for  the  construction  of  public  works,  and  with 
which  bidders  on  such  works  should  be  made  acquainted. 


>c  e. 
\mcn-' 


136  RECLAMATION   SERVICE   MANUAL 

The  Attorney-General  has  construed  the  eight-hour  law  to  reter 
to  eight  hours  of  effective  labor  which  may  be  performed  continu- 
ously or  at  different  times  during  the  twenty-four  hours  so  long 
as  the  total  of  eight  hours  in  any  one  calendar  day  is  not  exceeded. 

The  Attorney-General  of  the  United  States  has  held  that  the 
engineers  are  responsible  for  infringements  of  the  eight-hour  law 
by  contractors  or  sub-contractors  to  the  extent  of  requiring  obser- 
vance and  reporting  violations  of  the  law. 

To  insure  uniformity  in  the  reports  of  violations  transmitted  to 
the  Department  in  pursuance  of  the  Executive  Order  of  September 
19,  1906,  all  such  reports  should  be  forwarded  each  month  by  su- 
pervising engineers  and  project  managers  to  the  Director  in  the  form 
of  a  brief  letter  of  transmittal  accompanied  by  a  list  in  duplicate 
prepared  in  the  following  form : 

State  of , Project. 

Name  of  contractor 

Name  of  sub-contractor  (if  any) 

No.      of     em-           Class.  No.     of     days  No.    of     hours 

ployees.            (Whether  fore-  employed    in  of   labor  per 

man,  laborer,  the  month.  day. 
etc.). 

In  every  case  in  which  labor  in  excess  of  eight  hours  in  any 
calendar  day  is  required  or  permitted  full  record  should  be  kept  of 
the  same  and  of  all  circumstances,  with  the  names  of  persons  who 
can  give  testimony  as  to  the  facts  in  order  that  the  engineer  may 
be  able  to  establish  the  existence  of  an  extraordinary  emergency  in 
the  event  of  prosecution  under  the  provisions  of  the  eight-hour  law. 

5.  Payment  for  excess  services. — All  vouchers,  sub-vouchers, 
or  claims  for  payments  to  mechanics  or  laborers  for  services  in  ex- 
cess of  eight  hours  in  any  calendar  day  must  bear  evidence  of  the 
extraordinary  emergency  necessitating  such  extra  time  in  the  fol- 
lowing form : 

I  certify  that  the  labor  of  the  mechanics  and  laborers  to 
whom  payments  are  made  for  services  in  excess  of  eight 
hours  per  day  was  required  by  an  extraordinary  emergency 
within  the  meaning  of  the  act  of  August  1,  1892  (27  Stat. 
L.,  340). 

Such  certificate  must  be  signed  by  engineer  or  manager 
in  charge. 


ELECTRICAL   AND   MECHANICAL   ENGINEERING.  137 

ELECTRICAL  AND   MECHANICAL  ENGINEERING. 

The  chief  electrical  engineer  is  charged  with  the  design,  installa- 
tion and  operation  of  all  important  power  and  pumping  plants  of 
the  Reclamation  Service.  The  relation  of  the  electrical  and  me- 
chanical department  to  the  civil  engineering  department  is  analogous 
to  the  relation  of  the  legal  department  to  the  same.  The  design  of 
all  important  permanent  installations  for  power  or  pumping  will  be 
prepared  by  the  electrical  and  mechanical  department  upon  data 
furnished  by  the  various  supervising  engineers  in  writing  or  col- 
lected by  the  electrical  engineers  on  the  ground.  Engineers  in 
charge  of  installation  or  operation  of  power  and  pumping  plants 
will  make  monthly  reports  to  the  supervising  engineers,  copies  of 
such  reports  being  sent  simultaneously  also  to  the  chief  electrical  en- 
gineer or  his  representative.  On  all  technical  matters,  they  will  re- 
port directly  and  promptly  to  the  chief  electrical  engineer,  sending 
copies  to  the  supervising  engineer,  who  will  exercise  administrative 
authority  over  all  matters  in  his  district.  The  chief  electrical  engi- 
neer will  issue  all  necessary  technical  instructions  to  such  employees 
and  furnish  copies  of  same  to  the  supervising  engineer.  In  the  se- 
lection of  personnel,  appointment  to  specific  duties  and  compensa- 
tion and  in  all  important  matters  connected  with  power  develop- 
ment, supervising  engineers  are  expected  to  obtain  and  follow  the 
advice  of  the  chief  electrical  engineer.  In  case  the  chief  electrical 
engineer  and  the  supervising  engineer  are  unable  to  reach  an  agree- 
ment upon  any  matter,  the  points  of  disagreement  shall  be  referred 
to  the  Director  for  settlement  before  action  is  taken  by  either. 

EMERGENCY  QUOTATION. 

Where  a  public  exigency  exists  requiring  immediate  delivery  or 
performance  which  will  not  permit  of  the  time  necessary  for  ad- 
vertising, the  requirement  of  advertising  may  be  omitted  but  in  all 
such  cases  a  quotation  should  be  secured  from  the  merchant  before 
placing  the  order.  This  may  be  done  by  presenting  a  written  request 
to  him  describing  the  articles  wanted,  quantity,  unit  of  measure, 
etc.,  and  requesting  him  to  note  thereon  the  price  to  be  charged  and 
signing  same.  Such  quotation  may  also  be  secured  over  the  tele- 
phone and  record  made  of  same  on  the  emergency  quotation  form. 


138  RECLAMATION    SERVICE   MANUAI, 

It  will  seldom  be  necessary  to  resort  to  this  practice,  however,  as 
even  in  the  case  of  an  apparent  exigency  quotations  can  usually  be 
called  for  at  short  notice  and  full  advertising  secured.  (See  also 
ADVERTISEMENTS  AND  BIDS;  COMPETITION;  PURCHASING.) 

EMPLOYEES. 

Absence  at  beginning  of  year,  par.  99. 

Absence  for  promotion  examinations,  par.  86. 

Accrued  leave  allowed  on  separation,  par.  83. 

Allowance  of  leave  confined  to  current  year,  par.  84. 

Annual  leave,  application  in  advance  for,  par.  87. 

Application  form  for  leave  of  absence,  par.  80. 

Appointments,  date  of  effect  of,  par.  16. 

Appointments,  kinds  of,  par.  14.  '-'V  k 

Appointments,  nature  of,  par.  13. 

Appointments,  par.  12. 

Appointments,  registered  positions,  par.  56. 

Availability  for  transfer,  par.  28. 

Boards  of  examiners,  par.  47. 

Changes  in  status,  par.  57. 

Court  proceedings,  par.  71. 

Date  of  effect  of  resignation,  par.  34. 

Death,  par.  38. 

Deduction  from  annual  and  sick  leave,  par.  101. 

Deduction  for  excess  leave,  par.  100. 

Designation  on  payroll,  par.  17. 

Dismissals,  par.  37. 

Division  of  field  by  civil  service  districts,  par.  61. 

Duties  of  boards  of  examiners,  par.  48. 

Educational   positions,   filled  by   the   Secretary   and   engineers    in 

charge,  par.  2. 
Eligibility,  par.  7. 

Eligibility  for  appointment  in  other  districts,  par.  55. 
Emergency  employment,  par.  9. 
Extended  periods  of  leave  not  permitted,  par.  98. 
Extension  of  temporary  appointment,  par.  70. 
Families  in  camp,  par.  77. 
Field  clerks,  Civil  Service  Commission's  minute  covering,  par.  41 


EMPLOYEES.  139 

Field  clerks,  designation  and  status  of,  par.  40. 

Field  clerks,  emergency  employment  of,  par.  45. 

Field  clerks,  examinations  for,  par.  39. 

Field  clerks,  reports  of  changes  among,  par.  44. 

Field  clerks,  selection  of,  par.  42. 

Filling  of  field  vacancies  in  clerical  positions,  par.  62. 

Forms  to  be  used,  par.  59. 

Furloughs,  par.  27. 

Gifts  or  favors  not  to  be  accepted  by,  par.  107. 

General  classification,  par.  1. 

Half  day  granted,  not  less  than,  par.  92. 

Half  holiday  ending  leave,  par.  103. 

Hours  of  work,  par.  6. 

Insurance,  par.  72. 

Investigation,  par.  90. 

Job  employment,  par.  10. 

Land  ownership  by  employees,  par  .73. 

Leave  of  absence,  pars.  78-105. 

Leave  of  absence,  authority  for,  par.  78. 

Leave  of  absence,  authority  to  grant,  par.  81. 

Leave  revocable,  par.  82. 

Leave  without  pay,  applications  for,  par.  97. 

Methods  of  certification,  par.  42. 

Modifying  annual  to  sick  leave,  par.  96. 

Nature  of  duties  and  period  of  job  employment,  par.  69. 

New  employees,  requests  for,  par.  8. 

New,  temporary,  and  per  diem  employees,  par.  79. 

Non-educational  employees,  annual  leave  for,  par.  88. 

Non-educational  positions,  par.  3. 

Non-educational  positions,  applications  for,  par.  46. 

Oaths  of  office,  par.  15. 

Outside  influence,  par.  20. 

Penalties  for  deception,  par.  95. 

Penalty  for  absence  without  leave,  par.  105. 

Personal  services,  par.  26. 

Physician's  certificate,  par.  89. 

Preference  for  appointment,  section  1754,  Revised  Statutes,  par.  54. 

Private  work,  par.  106. 

Probational  appointments,  par.  18. 


140  RECLAMATION   SERVICE   MANUAI. 

Professional  treatment,  par.  93. 

Promotion,  basis  of,  par.  19. 

Promotion,  importunities  for,  par.  21. 

Purchases  from  employees,  par.  74. 

Quarantine,  par.  91. 

Quarters,  lease  of,  par.  104. 

Railroad  fares,  paying  of,  par.  5. 

Rating  examination  papers,  methods  of,  par.  50. 

Records  of  employees  for  use  in  case  of  mishaps,  par.  76. 

Reductions,  par.  23. 

Registers  of  eligibles,  par.  53. 

Reports  of  changes,  par.  60. 

Reports  of  local  civil  service  boards,  par.  43. 

Requirements    preliminary    to    the    acceptance    of    a    resignation. 

par.  31. 

Resignations,  procedure  in  submitting,  par.  30. 
Resigning  to  enter  service  of  contractor,  par.  33. 
Review  of  papers  by  Civil  Service  Commission,  par.  51. 
Responsibility  of  boards,  par.  52. 
Salary  grades,  par.  22. 

Sale  of  Government  property  to  employees,  par.  75. 
Separation  from  the  service,  par.  29. 

State  and  municipal  offices,  holding  of,  par.  25. 

Sundays  and  holidays,  annual  leave,  par.  85. 

Sundays  and  holidays  included,  par.  102. 

Sundays  and  holidays,  sick  leave,  par.  94. 

Sunday  between  sick  leave  and  leave  without  pay,  par.  104. 

Supplementary  statements  relating  to  resignations,  par.  32. 

Temporary  appointment  for  job  employment,  par.  68. 

Temporary  appointment  from  register  pending  full    certification, 
par.  67. 

Temporary  appointment,  furnishing  lists  of  eligibles  for,  par.  64. 

Temporary  appointment  pending  establishment  of  register  and  cer- 
tification of  eligibles,  par.  66 

Temporary  appointment  pending  permanent  appointment,  par.  65. 

Temporary  appointment,  requests  for  authority  for,  par.  63 

Temporary  employment,  par.  58. 

Terms  of  employment,  par.  11. 

Transfers  to  the  Service,  par.  36. 


EMPLOYEES.  141 

Transfers  from  the  Service,  par.  35. 
Transfers,  method  of  making,  par.  24. 
Unclassified  positions,  par.  4. 
Vacancies  in  board  membership,  par.  49. 

(See  also  RENTAL  OP  COTTAGES,  ROOMS,  ETC.,  TO  EMPLOYEES). 

1.  General  classification  of  positions. — Under  the  provisions 
of  the  Civil  Service  Act  of  January  16,  1883,  all  appointees  or  em- 
ployees are  divided  into  two  classes,  namely,  classified  and  unclassi- 
fied.    The  classified  service  includes  all  positions  above  the  grade 
of  laborer  and  is  further  divided  into  (1)  educational  positions, 
filled  by  the  Secretary  from  certifications  by  the  Civil  Service  Com- 
mission,  (2)  educational  positions   (comprising  field  clerks)  filled 
by  the  officers  in  charge  from  certifications  by  the  district  secre- 
taries of  the  Civil  Service  Commission,  and   (3)   non-educational 
positions  filled  by  the  officers  in  charge  in  the  field  service  from 
eligible  registers  established  by  local  civil  service  boards.     Positions 
in  the  classified  service  are  obtained  only  through  passing  suitable 
entrance  examinations  held  by  the  Civil  Service  Commission. 

2.  Educational  positions,     (a)  Filled  by  the  Secretary. — Edu- 
cational positions  filled  by  the  Secretary  include  all  those  requiring 
by  their  nature  educational  tests  given  by  the  Civil  Service  Commis- 
sion.    They  comprise  technical  and  all  purely  clerical  positions, 
except  those  of  field  clerk,  and  include  engineer,  assistant  engineer, 
junior  engineer,  draftsman,  computer,  examiner,  accountant,  book- 
keeper, clerk  (including  senior,  junior,  and  under  clerk),  stenog- 
rapher and  typewriter.      (&)   Filled  by  officers  in  charge. — Edu- 
cational positions  filled  by  officers  in  charge  include  those  for  which 
examinations  are  given  by  the  Civil  Service  Commission  and  reg- 
isters maintained  by  the  district  civil  service  offices.     They  com- 
prise the  minor  clerical  positions  in  the  field  service,  the  employees 
being  known  as  field  clerks. 

3.  Non-educational     positions. — Non-educational     positions, 
formerly  known  as  registered  positions,  include  all  those  requiring 
by  their  nature  only  non-educational  tests  to  show  the  fitness  of  the 
applicants  for  the  positions.     They  consist  of  such  positions  as 
superintendents  of  construction,  irrigation,  or  grading;  corral  boss; 
inspector,   including  inspectors  of  earthwork,   masonry,   concrete, 
etc. ;  foreman,  including  master  laborers,  master  workmen  and  mas- 


142  RECLAMATION    SERVICE   MANUAL 

ter  carpenters  (not  subordinates)  ;  transitman,  levelman,  rodman 
and  chainman;  recorder  and  receiver  of  material,  including  prop- 
erty or  store  clerk,  timekeeper,  toolkeeper,  steward,  storekeeper, 
etc.;  all  positions  requiring  special  duties,  such  as  cement  tester, 
concrete  finisher,  cranesman,  dam  and  headgate  tender,  deputy  in- 
spector, dredge  engineer,  ditch  rider,  electrical  assistant,  engineman, 
gate  tender,  helper,  janitor,  line  rider,  powder  man,  rigger,  skilled 
laborer,  steward,  trackman,  truckman,  watchman,  etc. 

4.  Unclassified  positions. — Unclassified  positions  are    those 
not  requiring  by  their  nature  tests  of  any  kind  prior  to  employment 
indicating  fitness  therefor.     They  are  of  a  temporary  character  and 
consist  of  such  positions  as  apprentice,  axman,  baker,  cook,  cook's 
helper,  boatman,   derrickman,   drillman,   driver,  hostler,   teamster, 
waiter,  etc.     Form  7-808  is  memorandum  contract  of  employment 
in  unclassified  positions.     Laborers  are  not  engaged  through  the 
Washington  office,  but  are  employed  by    the  local    engineers   in 
charge  of  the  work,  who  are  held  strictly  responsible  for  the  char- 
acter of  the  men  and  the  services  rendered  and  for  the  observance 
of   the   rules   and   regulations   governing   such   employment.     All 
contracts  of  employment  must  be  reduced  to  writing,  stating  in 
explicit  terms  all  the  essential  conditions  of  payment.     Oral  modi- 
fications of  terms  of  employment  are  prohibited.     Contracts  for 
labor  or  memoranda  of  employment  of  persons  for  periods  of  less 
than  a  month  should  clearly  state  that  payment  will  be  made  only 
for  the  time  actually  employed.     The  omission  of  this  may  lead  to 
misunderstanding  with  reference  to  payment  for  holidays  or  other 
times  when  labor  has  not  been  actually  performed. 

5.  Railroad  fares,  paying  of. — The  Comptroller's  decision  of 
August  14,  1907,  holds  that  under  the  provisions  of  the  Reclama- 
tion Act  the  Secretary  is  authorized  to  incorporate  into  contracts 
of  employment  of  laborers  and  mechanics  as  a  part  of  the  con- 
sideration for  the  services  to  be  rendered  thereunder  a  provision 
for  the  payment  of  the  expenses  of  transportation  of  such  employees 
from  the  places  of  their  entering  into  contract  to  the  place  where 
their  services  are  to  be  rendered.     (Citing  1  Comp.,  Dec.  106;  4  id. 
632;  5  id.  663). 

6.  Hours  of  work.— Supervising  and  project  officers  will  de- 
termine the  number  of  hours  of  work  per  day  in  the  field  and  in 
project  offices  for  classified  employees,  but  not  less  than  seven 


EMPLOYEES.  143 

hours  shall  constitute  a  day's  work.  Longer  hours  will  be  ex- 
pected for  field  duty,  and  whenever  the  exigencies  of  the  work 
demand  it  indefinite  time  will  be  required  of  all  regular  employees 
above  the  grade  of  laborer  and  mechanic.  Employee's  must  be 
punctual  in  attendance  and  faithful  in  the  performance  of  duty. 
For  laborers  and  mechanics  eight  hours  of  labor  constitutes  a  day's 
work  by  law.  All  employees  of  the  Service  are  required  to  give 
their  best  work  and  are  not  permitted  to  do  outside  professional 
work. 

7.  Eligibility  for  appointment. — Persons  in  educational  posi- 
tions are  appointed  by  the  Secretary,  either  from  lists  certified  by 
the  Civil  Service  Commission,  by  transfer  from  another  branch  of 
the  civil  service,  by  reinstatement,  or  under    the  provisions    of 
Schedule  A  (Civil  Service  Act,  Rules  and  Executive  Orders)^_ 

8.  New  employees,  requests  for. — If  a  project  manager  re- 
quires the  services  of  an  additional  employee  for  an  educational  po- 
sition requiring  the  Secretary's  appointment,  he  should  make  requi- 
sition on  the  supervising  engineer  for  a  person  having  the  necessary 
qualifications.     If  the   supervising  engineer  finds  no  one  in  his 
division  available  for  assignment  he  should  make  requisition  on  the 
Director  for  a  suitable  employee,  if  for  a  technical  position,  and  on 
the  District  Secretary  of  the  Civil  Service  Commission,  if  for  a 
clerical  position  (in  accordance  with  the  method  as  hereinafter  out- 
lined), stating  specifically  the  character  of  the  work    to  be  per- 
formed; the  place  and  probable  duration  of  the  work;  the  proposed 
salary  with  suggested  maximum  and  minimum  limits ;  the  sex,  edu- 
cational requirements  and  qualifications  desired;  required  experi- 
ence, stating  mechanical  and  technical  features  in  detail ;  importance 
of  securing  employees  from  the  State  in  which  the  project  is  lo- 
cated; and  all  other  facts  necessary  to  secure  intelligent  action  on 
the  request.     If  the  requisition  is  for  a  technical  employee  and  is 
approved  by  the  Director,  he  will  immediately  transmit  to  the  Civil 
Service  Commission  a  request  for  prompt  certification  of  qualified 
eligibles,  providing  no  one  in  the  Service  is  available  for  assign- 
ment.    The  employment  of  relatives  is  to  be  discouraged,  and  un- 
less the  names  are  selected  by  the  regulation  method  from  a  register 
of  eligibles  in  which  the  employer  has  had  no  influence  in  the  se- 
lection, it  should  not  be  permitted  except  in  the  cases  of  common 
laborers.     Section  9,  of  the  Civil  Service  Act,  provides  that  when- 
ever there  are  already  two  or  more  members  of  a  family  in  the 


144  RECLAMATION   SERVICE   MANUAL 

public  service  in  the  grades  covered  by  this  act,  no  other  member 
of  such  family  shall  be  eligible  to  appointment  to  any  of  said 
grades. 

9.  Emergency  employment. — In  urgent  cases  when  time  does 
not  permit  an  appointment  through  certification   from  the  Civil 
Service  Commission  a  vacancy  in  an  educational  position  may  be 
filled  by  the  responsible  engineer  in  charge  by  temporary  employ- 
ment of  anyone  possessing  the  necessary  qualifications.     Such  tem- 
porary employment  shall  not  continue  for  a  greater  length  of  time 
than  may  be  necessary  to  secure  certification  and    selection  of  a 
suitable  person  from  the  civil  service  register,  and  in  no  case  shall 
such  temporary  employment  extend  beyond  thirty  days  from  receipt 
by  the  appointing  officer  of  the  Commission's  certificate    without 
prior  approval  of  the  Commission ;  provided,  however,  that  in  cases 
where  a  competent  person  will  not  accept  immediate  employment 
continuing  for  a  short  time,  then  the  employment  may  be  for  such 
reasonable  minimum  time  as  will  secure  the  necessary  services.     A 
special  report  of  the  employment  should  be  immediately  made  to 
the  Director.     Engineers  are  authorized,  after  having  reported  a 
temporary  employment  and  having  requested  certification  of  eli- 
gibles  for  the  position,  to  continue  the  temporary  employment,  if 
necessary,  until  action  is  taken  on  the  request  or  until  special  in- 
structions are  received. 

10.  Job  employment. — In  connection  with  a  position  of  short 
duration,  that  is,  when  a  person  with  particular  qualifications  is  de- 
sired for  some  short  job,  after  which  his  services  will  not  be  needed, 
the  following  general  authority  issued  by  the  Commission  (Rule 
VIII,  Section  4,  Civil  Service  Act,  Rules  and  Executive  Orders, 
p.  37)  is  to  be  noted: 

In  all  outside  services  or  offices,  for  positions  for  which 
registers  are  not  maintained  by  local  boards  but  for  which 
certification  is  issued  direct  from  the  Commission,  where  a 
special  work  or  job  will  be  completed  in  thirty  days  or  less, 
general  authority  to  constitute  the  prior  consent  of  the  Com- 
mission is  given  for  temporary  appointment,  but  such  ap- 
pointments must  be  reported  by  letter  to  the  Commission 
when  made. 

Before  effecting  appointments  under  this  authority  the  registers 
of  eligibles  maintained  by  the  Commission's  district  secretaries  and 
the  local  boards  of  the  Service  must  be  considered. 


EMPLOYEES.  145 

11.  Terms  of  employment. — The  compensation  of  Secretary's 
appointees  is  fixed  in  the  certificates  of  appointment.     In  general 
newly  appointed  employees  will  be  required  to  report  at  the  place 
of  assignment  at  their  own  expense.     In  exceptional  cases,  however, 
railroad  fares  from  the  initial  point  of  travel  to  the  place  of  as- 
signment will  be  allowed,  particularly  to  newly  appointed  technical 
employees.     (For  information  relative  to  laborers  and  mechanics, 
see  par.  5.) 

12.  Appointments. — Appointments  to  educational    positions 
filled  by  the  Secretary  will  be  made  upon  the  recommendation  of  the 
Director,  acting  on  appropriate  requests,  and  certificates  thereof 
will  be  issued  to  the  employees.     In  the  case  of  failure  of  the  Civil 
Service  Commission  to  certify  eligibles  for  an  educational  position 
and  subsequently  temporary  employment  therein  is  made  of  a  qual- 
ified person  with  the  approval  of  the  Civil  Service  Commission  the 
appointment  of  such  person  should  be  immediately  requested.     In 
the  case  of  emergency  employment  in  an  educational  position  likely 
to  last  for  some  months  or  of  uncertain  duration,  an  appointment 
should  be  immediately  requested. 

13.  Appointments,  nature  of. — Appointments  can  be  altered 
or  rescinded  only  by  the  Secretary.     They  fix  the  appointees'  com- 
pensation, which  cannot  be  indirectly  increased  by  perquisites  of 
any  kind  without  specific  authority. 

14.  Appointments,  kinds  of. — Appointments  may  be  divided 
into  classes  as  follows :    Probational,  absolute,  promotional,  reduc- 
tive and  temporary. 

15.  Oaths  of  office. — An  oath  of  office  is  required  by  law  in 
connection  with  each  appointment  and  its  execution  shows  formal 
acceptance  of  the  appointment.    A  separate  oath  of  office  is  required 
in  connection  with  each  new  appointment,  whether  probational,  pro- 
motional, reductive  or  temporary.    No  oath  is  required  where  a  pro- 
bational appointment  is  made  absolute  at  the  same  rate  of  pay,  or 
upon  extension  of  a  temporary  appointment.    Oaths  of  office  should 
be  executed  promptly  and  in  every  case  prior  to  the  first  payment 
of  salary  under  the  related  appointment,  and  should  be  mailed  to  - 
the  Director  as  soon  as  executed.  ^ — — — " 

16.  Appointment,  date  of  effect  of. — The  date  of  effect  of  an 
appointment  is  the  date  of  record  of  the  appointee's  entrance  upon 
duty  in  the  position  to  which  he  is  appointed.  The  date  of  execution 


146  RECLAMATION   SERVICE   MANUAL 

of  the  oath  of  office  has  no  effect  on  the  date  of  effect  of  the  related 
appointment.  In  nearly  all  except  probational  appointments  the  date 
of  effect  is  fixed  in  the  appointment  and  cannot  be  changed  except 
by  the  Secretary.  In  the  case  of  a  probational  or  other  appoint- 
ment where  the  date  of  effect  is  not  fixed  by  the  Secretary  a  definite 
date  of  effect  must  be  established  and  reported  to  the  Director. 
This  date  of  effect  in  the  case  of  a  probational  appointee  should  be 
the  first  day  of  service  unless  this  date  precedes  the  date  of  appoint- 
ment, in  which  case  the  date  of  appointment  becomes  the  date  of 
effect.  In  returning  oaths  of  office  to  the  Director  in  cases  where 
the  date  of  effect  of  the  related  appointment  is  not  fixed  in  the 
appointment,  this  date  and  the  signature  of  an  official  cognizant  of 
the  facts  in  the  case  should  be  endorsed  on  the  oath. 

17.  Designation  on  payroll.— Beginning  on  the  date  of  ef- 
fect, the  appointee  should  be  carried  on  the  payroll  under  the  exact 
designation  and  rate  of  pay  named  in  the  appointment.     If  the  ap- 
pointee's services  are  urgently  required,  he  may  be  employed  a  few 
days  prior  to  the  issue  of  the  appointment.     In  such  case  he  should 
be  carried  on  the  payroll  under  the  designation  of  field  assistant  for 
the  period  so  employed,  and  report  made  to  the  Director. 

18.  Probational  appointments. — When  a  person  is  first  ap- 
pointed to  other  than  a  temporary  position,  he  is  given  a  probational 
appointment  for  six  months,  at  the  end  of  which  time  it  automati- 
cally becomes  absolute  if  the  employee's  services  have  been  satisfac- 
tory.    The  probational  period  begins  with  the  date  of  effect  of  the 
appointment.     If  a  probationer's  services  have  been  unsatis factor}' 
his  connection  with  the  Department  is  terminated  at  the  expiration 
of  the  probational  period  by  the  issuance  of  a  notice  by  the  Secre- 
tary upon  the  recommendation  of  the  Director. 

Paragraph  (c)  of  section  1  of  Civil  Service  Rule  VII,  relative 
to  probational  appointments,  was  amended  December  9,  1911,  to 
read  as  follows : 

The  person  selected  for  appointment  shall  be  duly  notified 
by  the  appointing  officer,  and  upon  accepting  and  reporting 
for  duty  shall  receive  from  such  officer  a  certifiate  of  ap- 
pointment. The  first  six  months  under  this  appointment 
shall  be  a  probationary  period ;  but  the  Commission  and  the 
Department  concerned,  may,  by  regulation,  fix  the  proba- 
tionary period  at  one  year  for  any  special  positions.  If,  and 


EMPLOYEES.  147 

when,  after  full  and  fair  trial,  during  this  period,  the  con- 
duct or  capacity  of  the  probationer  be  not  satisfactory  to  the 
appointing  officer,  the  probationer  shall  be  so  notified  in  writ- 
ing, with  a  full  statement  of  reasons,  and  this  notice  shall 
terminate  his  service.  His  retension  in  the  service  beyond 
the  probationary  period  confirms  his  absolute  appointment. 

-* 

19.  Promotion,  basis  of. — Promotions  are  made  on  the  basis 
of  ability  shown  in  the  work  of  an  employee  and  upon  evidence  of 
his  competence  to  carry  on  larger  affairs.     Every  effort  should  be 
made  to  test  the  capacity  of  a  man  and  to  give  him  an  opportunity 
for     improvement.   .  Recommendations     for     merited     promotion 
should  be  made  from  time  to  time  by  the    responsible  officers    in 
charge  as  they  become  acquainted  with  the  ability  displayed  by  each 
man.     In  recommending  promotion  of  employees  the  policy  of  the  v 
Service,  regarding  smaller  and  more  frequent  increases  in  salary, 
should  be  followed  whenever  practicable.     These  recommendations 
are  considered  by  a  personnel  committee  and  recommendations  are 
made  by  it  in  accordance  with  the  personal  knowledge  of  its  mem- 
bers and  the  facts  presented.     Recommendations  made  by  any  offi- 
cial for  promotion  of  subordinates  should  be  made  to  the  next  higher^ 
officer.     Promotional  appointments  are  issued  by  the  Secretary. 

20.  Outside    influence. — Recommendations     for    promotion 
from  persons  outside  the  Service  are  expressly  forbidden,  as  shown 
by  Section  3,  of  Civil  Service  Rule  XI,  as  follows : 

No  recommendation  for  the  promotion  of  a  classified  em- 
ployee shall  be  considered  by  any  officer  concerned  in  mak- 
ing promotions,  unless  it  be  made  by  the  person  under  whose 
supervision  such  employee  has  served ;  and  such  recomrnen- 
•  dation  by  any  other  person,  if  made  with  the  knowledge  and 
consent  of  the  employee,  shall  be  sufficient  cause  for  debar- 
ring him  from  the  promotion  proposed,  and  a  repetition 
of  the  offense  shall  be  sufficient  cause  for  removing  him 
from  the  service. 

21.  Promotion,  importunities  for. — Importunities  for  promo- 
tion are  strictly  prohibited.     All  violations  of  the  above  order  shall 
be  reported.     The  supervising  officers  are  thoroughly  informed  and 
competent  to  judge  of  the  qualifications  of  those  under  their  direc- 
tion, and  will  endeavor  to  do  justice  in  all  cases.     It  is  not  to  be 
understood  that  employees  are  forbidden  to  appeal  to  the  Secre- 
tary on  the  ground  of  unjust  discrimination  against  them  or  to 


148 


RECLAMATION  SERVICE  MANUAL. 


report  unfair  or  improper  treatment.  Such  an  appeal,  however, 
shall  be  in  writing,  shall  state  explicitly  some  substantial  ground  of 
complaint  and  shall  be  forwarded  through  the  Director. 

22.  Salary  grades. — Officers  making  recommendations  for 
appointments  or  promotions  will,  whenever  practicable,  conform  to 
the  following  schedule  recommended  by  the  Committee  on  Depart- 
mental Methods  and  accepted  by  the  Secretary.  (See  footnote)  : 

Per  annum     Per  month     Per  diem 


Junior  Engineer .  .  •« 


$900 
960 
1020 
1080 
1140 

1200 
1260 
1320 
1380 
1440 


$75 
80 
85 
90 
95 

100 
105 
110 
115 
120 


$2.50 
•  2 

2.83  ^  Under  Clerk 

3.00 

3.17 


1 


Junior  Clerk 


Assistant  Engineer  < 


1500 
1560 
1680 


1800 
1920 
2100 
2280 


125 
130 

140 


150 
160 
175 
190 


4.17 
4.33 

4.67 


5.00 
5.33 
5.83 
6.33 


>  Clerk 


>  Senior  Clerk 


'2400 

200 

6.67" 

2520 

210 

7.00 

2700 

225 

7.50 

Engineer       -4 

3000 

250 

8.33 

3300 

275 

9.17 

3600 

300 

10.00 

3900 

325 

10.83 

.4200 

350 

11.67., 

NOTE. — The  small  interval  between  grades  provided  in  the  lower  grades  is  in 
conformity  with  the  theory  that  small  promotions  at  frequent  intervals  are 
more  conducive  to  the  best  results  than  the  same  advance  made  in  larger  pro- 
motions made  at  longer  intervals.  This  theory  should  be  faithfully  carried  out. 


EMPLOYEES.       %  149 

23.  Reductions. — Reductions  are  made  in  accordance  with 
the  necessary  changes  in  occupation,  where,  through  completion  of 
important  or  onerous  work,  employees  formerly  engaged  upon  it  are 
assigned  to  less  exacting  duties.    They  may  also  be  made  when  the 
employee's  work  shows  less  merit,  or  as  a  matter  of  discipline,  or 
in  order  to  enforce  observance  of  regulations.     For  example,  where 
a  disbursing  agent  has  intrusted  checks  signed  in  blank  to  his  as- 
sistant, and  this  is  the  first  offense,  he  may,  instead  of  being  dis- 
missed from  the  Service,  be  reduced  one  grade. 

24.  Transfers,  method  of  making. — All  transfers  from    one 
project  to  another  in  the  same  division  should  be  made  by  the  super- 
vising engineer.     The  Director  should  be  promptly  informed  of 
all  such  transfers.     Transfers  from  one  supervisory  or  other  divi- 
sion of  the  Service  to  another  should  generally  be  made  by  the 
Director  after  correspondence  with  the  supervising  officers  inter- 
ested.    Such  transfers  may  be  made  by  direct  agreement  between 
the  supervising  officers,  but  the  Director  should  be  supplied  with 
copies  of  all  correspondence  concerning  such  transfers  and  should 
be  notified  of  their  consummation  immediately  thereafter.     In  all 
cases  Form  7-507  should  be  used  and  copies  sent  to  the  Director  and 
to  the  interested  supervising  officers.     It  is  desirable  to  retain  the 
services   of   employees   who   have   been   trained   in   the   work   by 
transferring  them  from  work  where  they  are  no  longer  needed  to 
points  where  additional  employees  are  required. 

25.  State  and  municipal  offices,  holding  of. — Under  Execu- 
tive Orders  of  January  17  and  28,  1873,  persons  holding  any  fed- 
eral civil  office  by  appointment  under  the  Constitution  and  the  laws 
of  the  United  States,  are  not  permitted  to  accept  or  hold  any  office 
under  any  State  or  Territorial  government,  or  any  municipal  cor- 
poration.   The  acceptance  or  continued  holding  of  such  State,  Ter- 
ritorial or  municipal  office,  by  a  person  holding  such  civil  office 
under  the  United  States  is  deemed  a  vacation  of  such  federal  office 
and  as  a  resignation  therefrom.    The  offices  of  justices  of  the  peace, 
notaries  public,  commissioners  to  take  acknowledgments,  etc.,  are 
excepted  from  the  prohibition  imposed.     Positions  on  boards  of 
education,  school  committees,  public  libraries,  religious  or  eleemo- 
synary institutions  are  not  "offices"  and  do  not  come  within  the 
prohibition.      Federal   officers   may  become   officers   of   the   State 
Militia.     Unpaid  service  in  a  local  or  municipal  fire  department  is 


150  RECLAMATION  SERVICE  MANUAL. 

not  an  office  and  may  be  performed  by  federal  officers,  provided 
their  federal  duties  are  not  interfered  with.  Mechanics  or  labor- 
ers employed  by  the  day  do  not  hold  office  within  the  meaning1  of  the 
Executive  Order. 

26.  Personal  services. — The  acceptance  of  voluntary  service, 
except  in  cases  of  emergency  involving  the  loss  of  human  life  or  the 
destruction  of  property,  is  prohibited  by  law,  subject  to  dismissal 
from  office,  fine,  and  imprisonment.  Voluntary  service  without 
compensation  being  unlawful,  employment  for  the  purpose  of  ob- 
taining the  necessary  knowledge  or  skill  to  pass  an  examination  is 
prohibited  (Sec.  3679  R.  S.,  as  amended  by  the  Act  of  February 
27,  1906,  34  Stat,  49).  In  case  of  an  agreement  made  with  an 
individual  whereby  he  is  to  render  his  personal  services,  and  be- 
comes what  in  law  is  known  as  a  servant,  or  employee  of  the  Gov- 
ernment, advertisement  is  not  required  by  Section  3709  R.  S.,  and 
a  contract  in  the  form  provided  by  Section  3744  R.  S.,  need  not 
be  executed,  but  the  terms  of  the  employment  should  be  determined 
in  advance,  and  set  out  in  the  commission,  appointment  or  notice 
of  employment.  For  further  information  in  regard  to  employment 
in  the  Reclamation  Service,  see  Form  7-634,  Regulations  Governing 
Examination  and  Appointment  in  the  Reclamation  Service,  ap- 
proved by  the  Department  and  the  Civil  Service  Commission  on 
September  12,  1908.  For  contract  of  employment  in  registered 
position  Form  7-807  is  used;  and  for  the  contract  of  employment 
of  laborers  Form  7-808  is  used.  fBoth  of  these  forms  make  refer- 
ence to  the  following  regulations  issued  by  the  Secretary  of  the 
Interior  July  6,  1910,  for  the  information  and  guidance  of  the 
employees  of  the  Reclamation  Service  : 

From  the  pay  of  all  employees  on  any' of  the  works  of  the 
Reclamation  Service  the  following  deductions  may  be  made 
under  circumstances  herein  set  forth: 

Where  meals  are  furnished  by  the  United  States,  not  ex- 
ceeding thirty-five  cents  may  be  deducted  for  each  meal  so 
furnished. 

For  lodgings  furnished  by  the  United  States,  not  exceed- 
ing thirty-five  cents  for  each  day's  lodging  furnished. 

For  orders  on  any  store  of  the  Reclamation  Service  or 
for  goods  received,  the  value  of  such  orders  of  goods. 

For  hospital  dues,  not  exceeding  $1.50  for  each  month  or 
fraction  thereof,  in  payment  for  such  medical  and  hospital 


151 

services  as  may  be  provided  upon  the  project  by  corrtract  or 
otherwise,  provided  that  in  case  of  prolonged  sickness  or 
injury  such  hospital  service  shall  not  be  furnished  in  excess 
of  one  year,  and  provided  further  that  if  no  deduction  is 
made  for  medical  and  hospital  services  no  liability  to  furnish 
the  same  shall  attach  to  the  United  States.  No  hospital  or 
medical  service  will  be  furnished  by  the  United  States  for 
the  treatment  of  chronic  or  venereal  diseases?] 

For  identification  badge,  if  such  badge  is  furnished,  one 
dollar  may  be  deducted,  which  will  be  refunded  to  the  em- 
ployee upon  the  conclusion  of  his  employment  and  the 
return  of  the  badge  so  furnished. 

The  amounts  to  be  deducted  for  the  several  items  shall 
be  determined  by  the  supervising  engineer,  and  notice 
thereof  and  of  any  changes  therein,  shall  be  given  by  posting 
an  announcement  thereof  in  some  conspicuous  place. 

These  regulations  render  unnecessary  the  securing  of  contracts  of 
employment  on  Forms  7-807  and  7-808  in  order  to  authorize  de- 
ductions from  pay-rolls  on  account  of  the  matters  covered  by  the 
regulation.  The  officers  shall  post  an  announcement  of  the 
amounts  to  be  deducted  for  the  several  items,  with  a  special  state- 
ment regarding  the  item  of  hospital  dues  if  no  deduction  is  to  be 
made  therefor.  Record  of  the  posting  of  such  announcement  must 
be  made  in  the  project  files.  Special  care  should  be  taken  to  post 
an  announcement  whenever  any  change  is  to  be  made.  The  rates 
should  be  so  regulated  as  to  return  the  cost  of  the  service  rendered. 
As  a  general  basis  the  charge  per  month  should  equal  about  one 
per  cent  of  the  cost  of  constructing  the  building,  in  the  case  of 
rental  of  quarter  houses,  dormitories,  etc.  Local  conditions  may  re- 
quire an  increase  or  a  decrease  in  this  amount,  but  this  per  cent  _; 
should  be  used  as  a  general  guide.  (See  HOSPITAL,  FEES.) 

27.  Furloughs. — When  a  reduction  is  required  in  the  number 
of  officials  or  employees  whose  duties  are  of  a  scientific,  technical, 
or  professional  character,  and  it  is  believed  that  it  may  be  advan- 
tageous to  the  Service  to  recall  such  employees  to  duty  at  some 
future  time,  they  may  be  furloughed  without  pay  upon  approval  of 
the  Secretary,  for  the  good  of  the  service,  and  such  furlough  will 
render  them  eligible  for  re-employment  in  their  respective  positions 
under  this  Department  for  a  period  equal  to  the  life  of  their  fur- 
lough without  further  examination  or  appointment.  Persons  while 
on  furlough  shall  not  engage  in  work  which  conflicts  with  or  is 


152  RECLAMATION  SERVICE  MANUAL. 

inimical  to  the  interests  of  the  Government.  To  do  so  will  be  suffi- 
cient cause  for  the  prompt  termination  of  the  furlough  and  separa- 
tion' from  the  Service. 

28.  Availability  for  transfer. — When  the  work  on  which  the 
employee,  whose  furlough  is  contemplated,  is  about  to  be  completed, 
or  there  is  some  reason  other  than  that  his  services  have  been  un- 
satisfactory, which   would   necessitate   removal    from    his    present 
assignment,  the  Director  should  be  so  informed.     He  will  in  turn 
notify  the  other  officers  in  the  field  with  a  view  to  transfer  to 
some  other  project  or  division.     Such  information  should  be  sent 
to  the  Director  in  ample  time  prior  to  separation  either  by  furlough 
or  resignation  to  permit  of  full  consideration  on  the  part  of  other 
engineers  in  connection  with  an  assignment. 

29.  Separations  from  the  Service. — Separations  from  educa- 
tional positions  filled  by,  the  Secretary  may  be  effected  through 
resignation,  transfer  to  another  service  or  department,  dismissal  or 
death. 

30.  Resignations,  procedure  in  submitting. — The  resignation 
of  an  employee  holding  an  appointment  by  the  Secretary  can  be  ac- 
cepted only  by  the  Secretary.     Each  resignation  should,  therefore, 
be  in  writing,  addressed  to  the  Secretary  and  should  be  forwarded 
at  least  thirty  days  prior  to  the  date  of  effect  thereof  through  the 
project  and  supervising  officers,  with  their  recommendations,  to 
the  Director,  who  will  transmit  the  resignation  with  his  recom- 
mendation to  the  Secretary.     The  acceptance  of  a  resignation  im- 
plies that  the  man  leaves  the  Service  in  good  standing,  and  a  refusal 
to  accept  a  resignation  leaves  him  with  a  discredited  official  stand- 
ing. 

31.  Requirements  preliminary  to  the  acceptance  of  a  resigna- 
tion.— For  obvious  reasons  no  resignation    will  be    definitely 
acted  upon  and  final  payment  of  the  salary  of  the  person  resigning 
will  be  withheld  until  a  certificate  has  been  made  by  the  engineer  in 
charge  covering  the  following  facts  :  (a)  That  all  note-books,  maps, 
or  official  data  have  been  or  will  be  completed  to  the  extent  of  the 

'responsibility  of  the  resigner;  (b)  that  all  fiscal  matters,  outstand- 
ing accounts,  or  indebtedness,  of  which  the  resigner  is  cognizant, 
have  been  properly  certified  or  satisfactory  written  explanations 
thereof  made;  and  (c)  that  all  public  property  in  the  custody  of  the 
resigner  has  been  accounted  for,  and  that  the  property  returns  and 


EMPLOYEES.  153 

transfers  have  been  signed  and  the  property  delivered  after  inspec- 
tion to  the  new  custodian.  Fiscal  agents  and  certifying  officers  will 
be  held  responsible  if  payments  are  made  without  complete  evidence 
that  these  requirements  have  been  complied  with.  In  all  cases  of 
doubt  the  matter  should  be  referred  to  the  Director  for  final  set- 
tlement. 

32.  Supplementary  statements  relating  to  resignations. — In 
transmitting  a  resignation  the  officer  in  charge  should  state  the 
cause  of  the  resignation  and  furnish  a  concise  statement  of  the  work 
on  which  the  employee  has  been  engaged  and  of  his  qualifications 
for  other  assignment.     The  employee's  future  address  and  a  brief 
statement  of  his  proposed  plans,  if  these  are  known,  should  be 
given. 

33.  Resigning  to  enter  service  of  contractor. — It  is  generally 
inadvisable  and  opposed  to  sound  professional  ethics  for  an  engineer 
or  other  responsible  employee  to  enter  the  service  of  a  contractor 
over  whose  work  he  has  had  supervision.    In  case  of  the  resignation 
of  such  an  employee  for  this  purpose  the  relations  between  the 
contractor  and  the  employee  prior  to  the  resignation  will  be  care- 
fully scrutinized  before  its  acceptance.     If  the  facts  indicate  the 
existence   of   questionable    relations    the    resignation    will    not    be 
accepted. 

34.  Date  of  effect  of  resignation. — Resignations  transmitted 
for  acceptance  by  the  Department  should  be  prepared  so  as  to  in- 
dicate specifically  the  last  day  of  service.     If  the  last  day  is  not 
mentioned  in  the  resignation  due  notice  should  be  promptly  for- 
warded by  the  engineer  in  charge  as  soon  as  the  effective  date  is  de- 
termined. 

35.  Transfers  from  the  Service. — The  provisions  relating  to 
resignations  apply  in  general  to  transfers  to  other  branches  of  the 
civil  service.     The  rules  governing  such  transfers  are  issued  by  the 
Civil  Service  Commission,  and  for  information  on  these  points  the 
civil  service  rules  should  be  consulted.    In  connection  with  transfers 
it  is  necessary  to  establish  a  date  of  effect  or  last  day  of  service, 
and  in  case  of  the  transfer  of  a  field  employee  the  last  day  of  pay 
should  be  furnished  to  the  Director  by  the  engineer  in  charge. 

36.  Transfers  to  the  Service. — Section  7  of  the    Deficiency 
Act,  approved  August  26,  1912  (37  Stat,  626),  provides  that  no 
person  employed  at  a  specific  salary  shall  be  thereafter  transferred 


154  RECLAMATION  SERVICE  MANUAL. 

and  paid  from  a  lump  sum  appropriation  a  rate  of  compensation 
greater  than  such  specific  salary.  On  September  9,  1912,  the 
Comptroller  held  that  this  act  prohibits  not  only  a  transfer  at  a 
greater  compensation,  but  also  the  payment  thereafter  of  any 
greater  compensation  than  the  specific  salary  formerly  received. 
It  was  also  held  that  if  a  person  is  receiving  a  salary  from  a  lump 
sum  appropriation,  a  transfer  at  a  higher  salary  or  promotion  there- 
after would  be  lawful  (Comp.,  Sept.  9,  1912).  Subsequent  de- 
cisions of  the  Comptroller  hold  also  that  after  transfer  from  a  place 
subject  to  a  specific  salary  there  may  be  promotion  in  case  the  per- 
son fills  a  different  place  from  that  to  which  he  was  transferred 
(November  9,  1912).  Persons  who  apply  for  transfer  to  the  Ser- 
vice do  so  subject  to  the  laws  and  rulings  that  may  affect  the  pos- 
sibility of  their  promotion. 

37.  Dismissals. — Dismissals  may  be  made  by  the  Secretary 
for  the  good  of  the  Service.  Relating  to  this  point  Civil  Service 
Rule  XII  reads  as  follows: 

(a)  A  removal  or  reduction  may  be  made  for  any  cause 
which  will  promote  the  efficiency  of  the  service,  but  like  pen- 
alties shall  be  imposed  for  like  offences,  and  no  discrimina- 
tion shall  be  exercised  for  political  or  religious  reasons. 

(b)  A  person  in  the  competitive  service  whose  removal 
is  proposed  shall  be  furnished  with  a  statement  of  reasons 
and  be  allowed  a  reasonable  time  for  personally  answering 
such  reasons  in  writing;  but  no  examination  of  witnesses  nor 
any  trial  or  hearing  shall  be  required  except  in  the  discre- 
tion of  the  officer  making  the  removal.     Copy  of  such  rea- 
sons, and  answer,  and  of  the  order  of  removal  shall  be  made 
a  part  of  the  records  of  the  proper  department  or  office,  and 
the  Commission  shall  upon  its  request  be  furnished  with  a 
copy  of  the  record  in  the  case.     The  above  procedure  shall 
be  followed  in  like  manner  in  any  reduction  in  grade  or  com- 
pensation for  delinquency  or  misconduct,  but  the  procedure 
may  be  limited  to  the  filing  of  a  statement  of  reasons  with 
the  order  for  reduction  if  the  reduction  is  for  administrative 
reasons  only. 

(c)  Pending  action  under  section  (b)  of  this  rule,  or  for 
disciplinary  reasons,  a  person  may  be  suspended  or  tempo- 
rarily removed  for  a  period  not  to  exceed  ninety  days,  but 
the  reasons  for  such  suspension  or  removal  shall  be  fur- 
nished the  employee  and  filed  in  the  records  of  the  proper 
department  or  office. 


155 

(d)  The  Commission  shall  have  no  jurisdiction  to  re- 
view the  findings  of  a  removing  officer  upon  the  reasons  and 
answer  provided  for  in  section  (b)  of  this  rule,  nor  shall  the 
Commission  have  authority  to  investigate  any  removal  or 
reduction,  unless  it  is  alleged,  with  offer  of  proof,  that  the 
procedure  required  by  section  (b)  of  this  rule  has  not  been 
followed  or  that  the  removal  was  made  for  political  or  re- 
ligious reasons. 

Recommendations  for  dismissal  should  state  the  reasons  therefor 
clearly  and  in  detail.  In  cases  where  inefficiency  or  disqualification 
is  the  only  cause,  reasonable  notice  should  be  given  to  the  em- 
ployee. In  cases  of  employees  on  long  furlough  who  are  no  longer 
required  but  who  fail  to  submit  a  formal  resignation  and  cannot  be 
located,  dismissal  may  be  entirely  without  discredit.  A  dismissal 
requires  a  date  of  effect  or  last  day  on  which  the  employee  is  in  the 
Service,  and  this  date  should  be  transmitted  with  the  recom- 
mendation for  dismissal. 

38.  Death. — The  death  of  an  employee  holding  an  appoint- 
ment from  the  Secretary  should  be  reported  to  the  Director  and  by 
him  to  the  Secretary.  The  date  and  cause  of  death  should  be 
stated. 


5 


EMPLOYMENT  IN  EDUCATIONAL  POSITIONS  FILLED  BY  ENGINEERS 
IN  CHARGE  (FIELD  CLERKS). 

39.  Field  clerks,  examinations  for. — On  July  1,  1912,  with 
the  approval  of  the  Director,  the  examination  for  the  position  of 
field  clerk  in  the  Reclamation  Service  was  discontinued  as  a  sep- 
arate examination,  provision  being  made  by  the  Civil  Service  Com- 
mission to  fill  vacancies  in  these  positions  from  the  forest  clerk 
register.  The  positions  of  forest  clerk  in  the  Forest  Service  and 
field  clerk  in  the  Reclamation  Service  have  therefore  been  com- 
bined under  the  designation  of  "forest  and  field  clerk"  and  exami- 
nations subsequent  to  July  1,  1912,  for  the  position  of  forest  and 
field  clerk  establish  eligibles  for  appointment  in  both  the  Forest  and 
Reclamation  Services.  By  this  arrangement  the  Service  will  have 
an  advantage  in  the  ability  to  draw  from  a  larger  register  and  re- 
ceive, in  all  probability,  a  better  grade  of  eligibles.  The  forest 
clerk  examination  as  given  for  the  Forest  Service  includes  prac- 
tically the  same  subjects  as  the  former  field  clerk  examination  in 


156  RECLAMATION  SERVICE  MANUAL. 

this  Service,  being  slightly  more  difficult  if  there  is  any  appreciable 
difference,  but  the  increase  in  the  number  of  eligibles  on  the  reg- 
ister as  a  result  of  the  combination  of  the  two  examinations  should 
more  than  offset  any  failure  of  applicants  to  pass  by  reason  of  the 
change.  When,  in  connection  with  any  project,  it  is  probable  that 
there  will  in  the  future  be  need  for  eligibles,  a  request  should  be 
made  on  the  district  secretary  for  an  examination.  The  need  for 
examination  may  arise  merely  because  it  is  generally  desirable  to 
have  such  a  list  of  eligibles,  or  may  be  due  to  the  immediate  need 
of  an  additional  clerk  on  a  project  where  such  an  examination  has 
never  been  held,  or  it  may  be  because  the  list  established  has  been 
exhausted  of  available  eligibles  or  eligibles  qualified  in  the  capacity 
of  stenographer  or  bookkeeper  when  one  of  these  is  needed.  The 
Civil  Service  Commission  next  announces  and  orders  the  examina- 
tion, issuing  a  printed  public  announcement,  sending  sufficient  copies 
to  the  local  board  for  local  distribution. 

40.  Field  clerks,  designation  and  status  of. — Educational  em- 
ployees selected  from  the  lists  of  eligibles  established  as  a  result 
of  the  forest  and  field  clerk  examination  and  maintained  by    the 
Civil  Service  Commission's  district  secretaries  will  be  known  as 
"field  clerks"  for  the  sake  of  brevity  and  should  be  so  designated 

xOn  payrolls.  Appointments  will  not  be  issued  to  them  by  the  Sec- 
retary, their  status  being  fixed  as  in  the  case  of  non-educational  em- 
ployees by  a  contract  of  employment  on  Form  7-807,  executed  by 
the  employing  engineer  who  has  authority  to  promote,  furlough  and 
dismiss  field  clerks  and  to  grant  them  leave  of  absence  with  pay  in 
accordance  with  paragraph  88,  or  without  pay.  Field  clerks  ap- 
pointed as  a  result  of  an  examination  for  forest  and  field  clerk  have 
the  same  status  for  regular  appointment  by  the  Secretary  as  those 
selected  from  the  regular  stenographer,  typewriter,  or  clerk  regis- 
ters, although,  as  stated,  their  status  is  fixed  by  contract.  They  can 
be  transferred  to  and  from  the  Forest  Service  of  the  Agriculture 
Department,  but  cannot  be  transferred  to  any  other  Department, 
Bureau,  or  to  Washington,  D.  C. 

41.  Field  clerks,  Civil  Service  Commission's  minute  cover- 
ing.— On  April  1,  1908,  the  Civil  Service  Commission  passed  the 
following  minute : 

Reclamation  Service. — In  view  of  the  difficulty  in  secur- 


EMPLOYEES.  157 

ing  eligibles  for  service  on  the  various  projects  who  are 
qualified  as  clerks  with  knowledge  of  stenography  and  type- 
writing, etc.,  boards  of  examiners  will  be  established  at 
local  headquarters  as  indicated  by  the  Director  of  the 
.  Reclamation  Service.  The  Director  will  nominate  and  the 
Commission  will  appoint  such  boards.  The  boards  will  be 
visited  and  their  work  inspected  by  representatives  of  the 
Commission.  These  boards  will  hold  the  necessary  examina- 
tions and  make  certifications  from  the  resulting  eligible 
registers.  Simple  examinations  will  be  prepared,  and  the 
papers  will  be  rated  in  this  office.  Persons  appointed  from 
these  examinations  will  not  be  eligible  for  transfer  to  other 
positions  in  the  Service ;  provided,  however,  they  may  be 
transferred  to  similar  positions  on  other  projects  of  the 
Reclamation  Service,  but  will  not  be  transferable  to  the 
Washington  office.  Full  instructions  will  be  given  these 
boards  concerning  their  duties  and  the  work  done  by  them 
will  be  subject  to  review  by  this  office  whenever  considered 
necessary. 

On  February  29,  1912,  the  Civil  Service  Commission  adopted  the 
following  as  Minute  4,  which  supersedes  that  part  of  minute  of 
April  1,  1908,  relative  to  the  method  of  certification  for  this  posi- 
tion: 

Field  clerk,  Reclamation  Service. — Placed  under  District 
System.  The  plan  submitted  by  the  Commission  to  the 
Secretary  of  the  Interior,  of  placing  the  position  of  Field 
Clerk  in  the  Reclamation  Service  under  the  district  system, 
having  been  recommended  by  the  Director  of  the  Reclama- 
tion Service  and  having  received  the  approval  of  the  De- 
partment, the  position  will  be  so  treated  by  the  Commission. 
That  the  consummation  of  the  plan  may  be  facilitated,  ex- 
amination papers  of  eligibles  now  in  the  possession  of  local 
boards  of  the  Reclamation  Service  will  be  recalled  for  the 
purpose  of  distribution  among  appropriate  district  secre- 
taries. Copies  of  lists  of  eligibles  available  for  temporary 
appointment,  supplied  by  district  secretaries  to  local  field 
offices  or  local  secretaries  in  the  vicinity  of  Reclamation  of- 
fices, will  be  furnished  for  the  information  of  the  Director 
of  the  Reclamation  Service,  in  accordance  with  his  request. 

Under  the  above  minutes  local  civil  service  boards  for  the  Service 
conduct  field  clerk  examinations,  but  the  registers  of  eligibles  estab- 
lished as  the  result  of  such  examinations  are  maintained  by  the 
district  secretaries  of  the  Civil  Service  Commission. 


158  RECLAMATION  SERVICE  MANUAL. 

42.  Methods  of  certification. — After  the  list  of  eligibles  is 
established  certification  will  be  made  when  required  by  the  district 
secretaries  in  the  same  manner  as  for  stenographer  and  typewriter. 
If  the  examination  included  one  or  more  optional  subjects  (as  sten- 
ography and  typewriting  or  bookkeeping)  certification  will  be  made 
in  accordance  with  the  need  or  request  for  eligibles  as  follows:  (a) 
of  eligibles  having  the  highest  ratings  on  the  basis  subjects  alone; 
(b)  of  eligibles  having  the  highest  ratings  on  the  basis  subjects  and 
one  of  the  optional  subjects  combined,  giving  the  basis  a  weight  of 
2  and  the  optional  considered  a  weight  of  1;  (c)  of  eligibles  having 
the  highest  rating  on  one  of  the  optional  subjects  and  having  also 
passed  on  the  basis  subjects;  and  (d)  of  eligibles  having  the  highest 
total  ratings  on  the  basis  and  optional  subjects  combined.     In  mak- 
ing certification  as  above  indicated  no  optional  subject  in  which 
the  rating  is  less  than  50  per  cent  will  be  considered. 

43.  Reports  of  local  civil  service  boards. — Since  the  position 
of  field  clerk  has  been  placed  under  the  district  system  it  will  not  be 
necessary  that  local  boards  report  field  clerk  eligibles  on    forms 
7-575  and  7-575a  as  heretofore. 

44.  Field  clerks,  reports  of  changes  among. — When  one  of 
the  eligibles  is  employed  by  the  officer  in  charge,  his  selection  for 
employment  and  subsequent  changes  in  status  should  be  reported  by 
the  officer  in  charge  on  the  regular  Form  7-576d,  which  form  should 
be  attached  to  the  monthly  report  of  changes  in  registered  positions. 

45.  Field  clerks,  employment  of. — When,  in  connection  with 
any  project  there  arises  need  for  the  services  of  a  field  clerk,  the 
officer  in  charge  should  request  certification  of  eligibles  of  the  dis- 
trict secretary  and  select  for  employment  one  of  the  eligibles  cer- 
tified.    When  on  any  project  there  is  need  for  a  field  clerk  and  the 
district  secretary  has  no  register  of  eligibles  from  which  to  fill  the 
vacancy  the  officer  in  charge  may  immediately  employ  any  one 
available.     Such  employment  should  be  immediately  reported  to 
the  district  secretary  by  letter,  giving  (a)  the  full  name  of  the  em- 
ployee, (b)  the  salary  agreed  upon,  (c)  the  position  or  nature  of  the 
work,  and  (d)  the  probable  length,  and  first  day,  of  service.     At 
the  same  time  the  officer  in  charge  should  ask  for  an  examination 
for  the  purpose  of  filling  the  position  in  the  regular  manner.     The 
temporary  employee  must  apply  for  and  take  the  examination  or 
his  services  will  be  dispensed  with  as  soon  as  a  register  of  qualified 


EMPLOYEES.  159 

eligibles  is  established.  All  temporary  appointments  should  be  re- 
ported to  the  district  secretary  in  accordance  with  sections  110  to 
118  of  the  Commission's  form  131.  The  district  secretary  should 
be  promptly  informed  of  the  date  of  the  separation  from  the  ser- 
vice of  these  temporary  employees. 

EMPLOYMENT  IN  NON-EDUCATIONAL  POSITIONS. 

46.  Non-educational    positions,    applications    for. — Applica- 
tions for  non-educational  positions  should  be  made  to  the  local 
boards  of  examiners  which  will  be  treated  in  the  manner  de- 
scribed in  following  paragraphs. 

47.  Boards  of  examiners. — A  board  of  examiners  for  facilitat- 
ing examinations  and  appointments  to  non-educational    positions 
shall  be  established  at  the  principal  office  of  each  reclamation  pro- 
ject, and  shall  be  composed  of  a  secretary,  a  vice-secretary  and  one 
or  more  additional  members,  designated  by  the  Civil  Service  Com- 
mission upon  nomination  by  the  Director.     The  Civil  Service  Act, 
Rules  and  Executive  Orders  will  govern  the  local  boards  of  ex- 
aminers so  far  as  they  are  applicable. 

48.  Duties  of  boards  of  examiners. — It  shall  be  the  duty  of 
each  board  of  examiners  to  furnish  the  Civil  Service  Commission 
through   the    Director    information    regarding   the    needs    of    the 
Reclamation  Service  for  employees,  the  conditions  of  employment 
and  the  qualifications  desired  of  applicants;  to  supply  application 
blanks  and  circulars  of  information  to  applicants;  to  receive  appli- 
cations  for  non-educational  positions;  to  hold   examinations   for 
non-educational  positions ;  to  grade  applicants ;  to  establish  regis- 
ters of  eligibles;  to  certify  lists  of  eligibles  to  officers  in  charge; 
to  fill  vacancies  occurring  in  the  membership  of  the  board  due  to 
resignation,  transfer  or  other  cause;  and  to  do  such  other  work 
as  the  Civil  Service  Commission  may  direct. 

49.  Vacancies  in  board  membership. — Whenever  a  vacancy 
in  the  membership  of  a  local  board  occurs  through  resignation  or 
other  cause  it  should  be  promptly  filled  by  election  by  the  remaining 
members.     The  secretary  of  the  board  should  immediately  notify 
the  Director  of  the  action  taken,  giving  the  dates  of  the  separation 
of  the  former  member  and  the  election  of  the  new  member  in  order 
that  the  latter's  formal  designation  may  be  made  by  the  Civil  Ser- 


160  RECLAMATION  SERVICE  MANUAL. 

vice  Commission.     Meanwhile  the  newly-elected  member  may  act 
with  the  board. 

50.  Rating  examination  papers,  methods  of. — An  application 
for  a  non-educational  position  filed  with  a  board  of  examiners  shall 
be  rated  on  the  statements  and  testimonials  made  in  the  formal  ap- 
plication concerning  the  physical  condition  and  experience  of  the 
applicant,  assigning  a  weight  of  40  to  physical  condition  and  a 
weight  of  60  to  experience.    In  rating  physical  condition  a  rating  of 
100  per  cent  shall  be  given  to  an  applicant  having  no  apparent  physi- 
cal defects  or  disqualifications  for  the  practice  of  the  trade  or  occu- 
pation for  which  he  is  examined,  and  a  deduction  shall  be  made  in 
the  discretion  of  the  examiner  for  physical  defects  or  disqualifica- 
tions according  to  their  gravity.    In  rating  experience  50  per  cent 
shall  be  used  as  a  basis  both  for  the  length  of  the  experience  and  for 
the  character  of  experience  of  the  applicant,  and  the  sum  of  the  rat- 
ings on  these  two  elements  shall  constitute  the  rating  on  experience. 
For  positions  requiring  apprenticeship,  a  rating  of  30  per  cent  shall 
be  given  to  a  workman  who  has  acquired  the  status  of  journeyman; 
for  each  of  the  following  four  years  a  credit  of  5  per  cent  shall  be 
given.     For  positions  that  do  not  require  apprenticeship,  a  credit 
of  20  per  cent  shall  be  given  for  one  year's  experience  and  an  ad- 
ditional credit  of  5  per  cent  for  each  of  the  succeeding  six  years. 
The  element  of  character  of  experience  should  be  rated  on  the 
statements  made  by  the  applicant  in  his  application  as  corroborated 
by  his  voucher  and  references.     Consideration  will  be  given  to  the 
quality  and  character  of  the  experience  shown  as  well  as  to  the 
honesty,  industry,  sobriety  and  intelligence  of  the  applicant.    Special 
consideration  shall  be  given  to  experience  that  is  continuous  and 
recent.     Where  special  experience  is  required  for  the  performance 
of  the  duties  of  a  position,  which  is  not  sufficiently  indicated  in  the 
application,  local  boards  shall  require  the  applicant  to  file  such  ad- 
ditional written  evidence  as  may  be  necessary.     The  ratings,  their 
products  and  the  average  percentage  shall  be  entered  in  the  proper 
blanks  on  the  application  form  and  each  mark  shall  be  initialed  by 
the  examiner  or  examiners  responsible  therefor.     All  applicants, 
before  being  declared  eligible,  shall  be  required  to  appear  before  a 
member  of  the  board  for  personal  examination,  if  in  the  opinion  of 
the  board,  this  is  deemed  necessary. 

51.  Review  of  papers  by  Civil  Service  Commission.— All  ex- 


EMPLOYEES.  161 

amination  papers  are  subject  to  review  by  the  Civil  Service  Com- 
mission at  their  option.  It  is  necessary,  therefore,  that  all  facts  on 
which  the  markings  made  by  the  local  civil  service  board  are  based 
should  be  recorded.  If  the  rating  is  affected  by  personal  examina- 
tion or  oral  evidence,  the  facts  should  be  recorded,  and,  if  the  rating 
is  affected  by  documentary  evidence,  the  documents  should  be  at- 
tached to  the  examination  papers. 

52.  Responsibility  of  boards. — Each  local  board  is  responsible 
for  the  lists  of  eligibles  prepared  by  it,  and  the  members  of  the 
boards  should  investigate  fully  all  applicants  in  order  that  no  in- 
efficient or  improper  applicants  be  made  eligible  for  appointment. 
Certification  and  indorsements  of  unknown  persons  should  not  be 
accepted  as  complete  evidence  of  capacity  or  worthiness.     Appli- 
cations should  be  received,  personal  examinations  made  and  ratings 
prepared  by  any  member  of  the  board,  the  applications  being  for- 
warded to  the  board  at  its  headquarters  for  further  consideration 
and  final  action.     All  applicants,  before  being  further  considered, 
should  be  required  to  appear  before  a  member  of  the  board  for 
personal  examination  if,  in  the  opinion  of  the  board,  this  is  deemed 
necessary.     When  application  is  received  for  a  position  for  which 
no  eligibles  are  needed,  or  likely  to  be  needed,  it  should  be  returned 
to  the  applicant  with  statement  to  that  effect. 

53.  Registers  of  eligibles. — Separate  registers  for  the  various 
positions  shall  be  established,  the  names  of  the  eligibles  being  en- 
tered on  the  registers  in  the  descending  order  of  the  average  rat- 
ings, except  that  the  names  of  preference  claimants  under  section 
1754  of  the  Revised  Statutes  should  head  the  registers.     On  the 
10th  day  of  each  month,  or  as  soon  thereafter  as  practicable,  the 
board  shall  prepare  new  registers  of  eligibles.     New  names  shall 
not  be  entered  on  any  of  the  registers  on  any  other  day  except  that 
an  exhausted  register  shall  be  replenished  when  necessary.     Each 
register  shall  contain  the  name  of  each  person  eligible  for  appoint- 
ment on  the  date  of  its  issue  in  the  district  to  which  it  relates.     The 
term  of  eligibility  shall  be  one  year,  but  at  the  end  of  every  three 
months  during  the  term  of  his  eligibility  each  applicant  shall  be  re- 
quired to  make  written  request  that  his  name  be  still  considered 
for  employment  and  give  his  latest  post-office  address;  otherwise 
his  name  will  not  be  considered  for  employment.     The  names  of 
persons  whose  terms  have  expired,  as  well  as  the  names  of  those 


162  RECLAMATION  SERVICE  MANUAL,. 

who  have  been  appointed,  should  not  appear  on  the  register  as 
eligibles.  Three  copies  of  the  registers  shall  be  prepared  and  two 
copies  thereof  shall  be  transmitted  to  the  Director  on  forms  7-575 
and  7-575a.  Each  register  shall  contain  the  names  of  all  the  eligi- 
bles and  shall  show  in  each  case  the  reason  for  the  removal  of  any 
name  during  the  month,  whether  by  appointment,  declination,  lack 
of  selection  under  three  certifications  or  expiration  of  period  of 
eligibility. 

54.  Preference  for  appointment,  section  1754,  Revised  Stat- 
utes.— This  section  gives  preference  to  persons  honorably  dis- 
charged from  the  military  or  naval  service  by  reason  of  disability 
resulting  from  wounds  or  sickness,  incurred  in  the  line  of  duty,  pro- 
vided they  are  found  to  possess  the  business  capacity  necessary  for 
the  proper  discharge  of  the  duties  of  such  offices.     When  an  appli- 
cant states  that  he  was  discharged  from  the  military  or  naval  ser- 
vice on  account  of  disability  incurred  in  line  of  duty,  the  local  board 
should  report  to  the  Civil  Service  Commission  the  name,  regiment 
and  company  or  vessel  and  dates  of  enlistment  and  discharge ;  and 
the  Civil  Service  Commission  will  decide  all  such  claims  and  inform 
the  local  board  of  its  decision. 

55.  Eligibility  for  appointment  in  other  districts. — An  eligible 
on  a  register  in  one  district  may  not  have  his  name  entered  upon  the 
same  register  of  another  district  at  the  same  time,  but  may  have 
his  eligibility  transferred  from  one  district  to  another  or  may  be 
appointed  from  a  register  of  one  district  for  duty  in  another  if 
there  be  a  lack  of  suitable  eligibles  in  the  latter  district. 

56.  Appointments,  to  non-educational  positions. — Upon  the 
occurrence  of  a  vacancy  in  a  non-educational  position  a  selection 
from  the  register  of  the  local  board  shall  be  made  by  the  responsi- 
ble officer  in  charge.     In  making  selections  from  the  register  due 
regard  should  be  given  to  the  particular  qualifications  required  to 
fill  properly  the  vacant  position,  and  one  of  the  highest  three  eligi- 
bles possessing  such  qualifications  shall  be  selected.     An  eligible 
whose  name  has  been  considered  for  three  different  vacancies  may 
be  dropped  from  the  register.     A  non-educational  employee  who 
has  been  separated  from  the  Service  without  delinquency  or  mis- 
conduct, may  upon  application  be  restored  to  the  list  of  eligibles  for 
the  remainder  of  his  period  of  eligibility. 

57.  Changes  in  status.— Any  non-educational  employee,  after 


EMPLOYEES.  163 

one  year's  satisfactory  service,  may  become  eligible  for  any  educa- 
tional position,  provided  he  secures  the  requisite  percentage  in  an 
appropriate  examination  therefor,  held  under  the  direction  of  the 
Civil  Service  Commission..  A  non-educational  employee  serving 
in  any  capacity  may  be  temporarily  assigned  to  duty  in  any  other 
non-educational  position  for  which  no  additional  special  qualifica- 
tions are  required.  In  the  case  of  a  classified  employee  in  any 
recognized  mechanical  trade  assigned  to  duty  in  a  different  me- 
chanical trade,  continuation  for  a  longer  period  than  thirty  days  in 
such  new  position  must  be  contingent  upon  registration  by  the  local 
board  in  the  new  position.  A  non-educational  employee  may  be 
transferred  from  one  district  or  project  to  another  upon  agreement 
of  the  respective  officers  in  charge  and  of  the  employee.  At  the 
end  of  the  month  the  transfer  should  be  reported  on  Form  7-576c 
by  the  engineer  in  charge  of  the  work  from  which  the  employee  is 
transferred  and  on  Form  7-576a  by  the  officer  in  charge  of  the 
work  to  which  he  is  transferred,  showing  in  each  case  the  project 
to  which  or  from  which  the  employee  is  transferred.  Any  em- 
ployee selected  from  the  registered  list  prepared  by  a  local  civil 
service  board,  who  holds  a  diploma  showing  graduation  in  an  en- 
gineering course  from  an  approved  technical  school  may,  after  one 
year's  service,  be  promoted  to  the  grade  of  junior  engineer,  pro- 
vided that  his  services  have  been  thoroughly  satisfactory  and  that 
he  has  shown  the  requisite  ability.  When  such  an  employee  has 
rendered  a  year's  satisfactory  service  (not  necessarily  continuous) 
the  engineer  in  charge  will  submit  a  full  statement  of  all  material 
facts,  together  with  his  recommendation,  to  the  Director  through 
the  proper  channel. 

58.  Temporary  employment. — Temporary  employment  with- 
out examination  may  be  made  to  fill  a  vacancy  in  a  non-educational 
position  where  there  is  no  register  of  eligibles  and  may  continue 
until  a  register  of  eligibles  is  established;  but  such  temporary  em- 
ployment shall  not  continue  longer  than  thirty  days  after  a  register 
of  eligibles  is  established.  Such  temporary  employees  in  non-edu- 
cational positions  may  become  eligible  for  regular  employment  by 
being  entered  on  the  register.  Such  temporary  employment  should 
be  avoided  and  should  continue  for  as  short  a  time  as  the  condi- 
tions permit.  The  temporary  employee  should  be  instructed  to 
present  himself  as  soon  as  possible  before  the  local  board  with  a 


164  RECLAMATION  SERVICE  MANUAL. 

view  to  examination,  registration  and  becoming  eligible  for  regular 
employment. 

59.  Forms  to  be  used.— Forms  7-563,  7-569,   7-575,  7-575a 
and  7-578  shall  be  used  by  the  local  boards.     Each  applicant  should 
fill  out  Form  7-563.     Form  7-569  should  then  be  addressed  to  each 
of  the  persons  whose  names  are  given  as  reference  and  the  replies 
when  received  should  be  attached  to  Form  7-563  as  a  part  of  the 
application.     Each  applicant  should  be  notified  of  his  rating  on 
Form  7-578.     Form  7-807,  contract  of  employment  in  non-educa- 
tional position,  should  be  executed  and    forms    the    documentary 
appointment  of  a  non-educational  employee.     Form  7-627  is  a  card 
for  recording  the  important  data  relating  to  examination  and  em- 
ployment in  non-educational  positions. 

60.  Report  of  changes. — The  engineer  in  charge  shall  for- 
ward to  the  Civil  Service  Commission  through  the  Director  on  the 
first  of  each  month  or  as  soon  thereafter  as  practicable  reports  of  all 
the  changes  that  have  taken  place  in  the  personnel  of  non-educa- 
tional employees  during  the  preceding  month.     These  reports  shall 
be  made  on  Forms  7-567,  7-576a,  7-576b,  7-576c  and  7-576d.     In 
case  no  changes  have  occurred,  Form  7-576  only  should  be  sent  in 
duplicate  with  endorsement  at  the  bottom  to  that  effect.    It  is  neces- 
sary to  make  but  one  report  showing  initial  employment  and  each 
change  of  status,  and  duplication  of  names  from  month  to  month 
should  be  avoided. 

FIELD  APPOINTMENTS  THROUGH  DISTRICT  SECRETARIES. 

61.  Division  of  field  by  civil  service  districts. — The  Commis- 
sion has  divided  the  United  States  into  twelve  civil  service  districts 
for  convenience  in  holding  examinations,  and  making  certifications 
for  filling  vacancies  occurring  in  certain  field  positions,  such  as  sten- 
ography,  typewriting,    bookkeeping  and    clerical  positions.     The 
civil-service  districts  which  include  Reclamation  States  are  as  fol- 
lows : 

Eighth  district. — Headquarters,  Post  Office,  St.  Paul,  Minn.: 
Minnesota,  North  Dakota,  South  Dakota,  Nebraska,  and  Iowa. 

Ninth  district. — Headquarters,  Old  Customhouse,  St.  Louis,  Mo. : 
Kansas,  Missouri,  Arkansas,  Oklahoma,  and  the  counties  of 
Adams,  Alexander,  Bond,  Brown,  Calhoun,  Cass,  Champaign 


EMPLOYEES.  165 

Christian,  Clark,  Clay,  Clinton,  Coles,  Crawford,  Cumberland, 
Dewitt,  Douglas,  Edgar,  Edwards,  Effingham,  Fayette, 
Franklin,  Fulton,  Gallatin,  Greene,  Hamilton,  Hancock, 
Hardin,  Jackson,  Jasper,  Jefferson,  Jersey,  Johnson,  Law- 
rence, Logan,  McDonough,  McLean,  Macon,  Macoupin,  Madi- 
son, Marion,  Mason,  Massac,  Menard,  Monroe,  Montgomery, 
Morgan,  Moultrie,  Perry,  Piatt,  Pike,  Pope,  Pulaski,  Ran- 
dolph, Richland,  St.  Clair,  Saline,  Sangamon,  Schuyler,  Scott, 
Shelby,  Tazewell,  Union,  Vermilion,  Wabash,  Washington, 
Wayne,  White,  and  Williamson,  in  the  State  of  Illinois. 
Tenth  district. — Headquarters,  Customhouse,  New  Orleans.  La. : 

Louisiana  and  Texas. 

Eleventh  district. — Headquarters,  Post  Office,  Seattle,  Wash.: 
Washington,  Oregon,  Idaho,  Montana,  and  Wyoming  (in- 
cluding the  Yellowstone  National  Park). 

Twelfth  district. — Headquarters,  Post  Office,  San  Francisco,  Cal. : 
California,  Nevada,  Arizona,  New  Mexico,  Colorado,  and 
Utah. 

62.  Filling  of  field  vacancies  in  clerical  positions. — When  a 
vacancy  occurs  or  is  about  to  occur  in  a  clerical  or  sub-clerical  posi- 
tion, and  it  is  desired  to  fill  such  position  through  examination,  the 
nominating  or  appointing  officer — supervising  and  project  officers — 
will  make  request  upon  the  district  secretary  for  a  certification  of 
eligibles,  which  request  should  give  the  designation  of  the  position, 
sex,  salary,  place  of  employment,  and  such  other  information  as 
may  be  necessary  to  determine  the  qualifications  required  in  the 
position  to  be  filled.  Upon  receipt  of  the  certification,  accompanied 
by  the  papers  of  the  eligibles  certified,  the  nominating  or  appointing 
officer  will  make  selection,  nominate  the  person  selected,  and  for- 
ward nomination  to  the  district  secretary  for  approval  or  disap- 
proval. When  the  certification  is  returned  to  the  nominating  or 
appointing  officer,  if  approved,  he  should  transmit  the  same  to  the 
Director  with  recommendation.  The  appointment  will  then  be  pre — . — , 
pared  and  forwarded  to  the  Department  for  appropriate  action. 
The  examination  papers  submitted  should  be  returned  to  the  dis- 
trict secretary  with  the  nomination,  the  certificate  issued  being 
retained  for  transmission  to  the  Director  with  recommendation  for 
appointment.  Abstracts  of  all  examination  papers  should  be  made 
and  retained  in  the  field  offices.  (As  a  matter  of  economy  in  time,  3 


166  RECLAMATION  SERVICE  MANUAL. 

when  nominations  are  made  to  the  district  secretary,  if  approved  by 
him,  the  certification  could  be  forwarded  direct  to  the  Director  for 
further  action,  the  district  secretary  notifying  the  nominating  officer 
of  his  action.) 

63.  Temporary  appointment,  requests  for  authority  for. — Re- 
quests for  authority  for,  and  nominations  arid  reports  of  temporary 
appointments  made  to  the  district  secretary  should  indicate  the 
exact  nature  of  the  temporary  appointment;  that  is,  whether  it  is 
to  fill  a  position  which  is  permanent  in  nature  and  which  is  to  be 
filled  permanently  either  by  original  appointment  through  certifica- 
tion from  a  register  or  by  promotion,  reinstatement,  or  transfer, 
or  whether  the  appointment  is  for  job  work  or  for  filling  a  vacancy 
caused  by  the  temporary  absence  of  the  regular  employee.     The 
duration  of  the  employment  should  be  given,  at  least  approximately. 
The  nominations  will  also  show  all  declinations,  failures  to  accept, 
and  other  data  affecting  the  availability  of  the  eligibles  furnished 
for  temporary  appointment. 

64.  Temporary  appointment,  furnishing  lists  of  eligibles  for. 
— District  secretaries  will  prepare  from  the  general  registers  lists  of 
eligibles  who  are  available  for  immediate  temporary  appointment 
and  will  furnish  lists  of  such  eligibles  to  local  secretaries  (of  the 
Civil  Service  Commission)  at  cities  where  there  is  likely  to  be  need 
for  temporary  employees  and  will  advise  all  nominatng  or  appoint- 
ing officers  at  such  places  to  whom  requests  should  be  made  for 
eligibles,  and  will  also  furnish  lists  of  such  eligibles  to  nominating 
or  appointing  officers  at  places  where  there  are  no  local  secretaries. 
District  secretaries  will  advise  the  local  secretaries  and  nominating 
or  appointing  officers  who  have  been  furnished  lists  of  all  changes 
affecting  the  availability  of  the  eligibles  for  immediate  temporary 
appointment. 

65.  Temporary   appointment   pending   permanent    appoint- 
ment.— When  the  public  interest  requires  that  a  vacancy  in  a 
position  shall  be  filled  before  probational  appointment  can  be  made 
as  a  result  of  certification,  the  nominating  or  appointing  officer  shall 
first  make  request  for  certification  of  eligibles  for  probational  ap- 
pointment,   and    then    shall    make    selection    in    the    same    man- 
ner as  for  probational  appointment;  that    is,  observing  such    pro- 
visions of  Civil  Service  Rule  VII  as  relate  to  selection  from  each 
group  of  three  names,  from  the  list  of  eligibles  furnished  or  to  be 


167 

obtained  under  paragraph  64.  Where  in  any  case  a  nominating  or 
appointing  officer  finds  that  there  is  no  eligible  available,  as  provided 
in  paragraph  64,  or  if  the  eligible  furnished  decline  or  fail  to  accept, 
he  may  make  a  temporary  appointment  outside  the  register  for  such 
period  as  may  be  necessary  to  select  and  appoint  a  person  proba- 
tionally  to  the  position;  but  in  no  case,  except  as  provided  in  para- 
graph 70  shall  such  temporary  appointment  (whether  from  a  reg- 
ister or  outside  a  register)  extend  beyond  30  days  from  the  receipt 
by  the  nominating  or  appointing  officer  of  a  certification  of  eligibles 
for  probational  appointment.  Temporary  appointment  pending  the 
filling  of  a  position  by  promotion,  reinstatement,  or  transfer  shall 
be  made  in  like  manner,  and  shall  not,  except  as  provided  in  para- 
graph 70,  extend  beyond  30  days  from  the  receipt  by  the  appointing 
officer  of  the  Commission's  certificate  for  such  promotion,  rein- 
statement, or  transfer,  or  beyond  a  period  of  30  days  from  the  date 
of  entrance  upon  duty  of  the  temporary  appointee  when  the  promo- 
tion or  transfer  does  not  require  the  Commission's  certificate.  Nom- 
ination for  temporary  appointment  under  this  paragraph  should  be 
promptly  forwarded  to  the  district  secretary ;  should  be  made  in  the 
same  manner  as  for  probational  appointment;  and  should  refer  to 
the  request  for  certification  for  probational  appointment,  recom- 
mendation for  promotion,  reinstatement,  or  transfer,  or  to  other 
action  taken  for  filling  the  vacancy. 

66.  Temporary  appointment  pending  establishment  of  reg- 
ister and  certification  of  eligibles. — In  accordance  with  the  pro- 
visions of  paragraph  65,  temporary  appointment  to  a  position  for 
which  there  are  no  eligibles  may  be  made  on  condition  that  the  per- 
son so  appointed  make  application  for  the  examination  when  an- 
nounced, but  shall  continue  only  for  such  period  as  may  be  neces- 
sary to  make  probational  appointment  through  certification,  and  in 
no  case,  except  as  provided  in  paragraph  70,  beyond  30  days  from 
the  receipt  by  the  nominating  or  appointing  officer  of  the  certifica- 
tion of  eligibles. 

67.  Temporary  appointment  from  register  pending  full  cer- 
tification.— When  there  is  at  least  one  eligible  and  not  more 
than  two  eligibles  on  a  register  for  a  position  in  which  a  vacancy 
exists,  the  district  secretary  shall,  upon  requisition  from  the  nomi- 
nating or  appointing  officer,  certify  the  name  of  the  one  eligible  or 
the  names  of  the  two  eligibles,  which  shall  be  considered  by  the 
nominating  or  appointing  officer  with  a  view  to  probational    ap- 


168  RECLAMATION   SERVICE  MANUAL. 

pointment;  and  if  the  appointing  officer  shall  elect  not  to  make  pro- 
bational  appointment  from  such  certification  of  less  than  three 
names,  then,  if  temporary  appointment  is  required,  it  shall  be  made 
from  such  certificate,  unless  reasons  satisfactory  to  the  district  sec- 
retary are  given  why  such  appointment  should  not  be  made.  Such 
temporary  appointment  may  continue  until  three  eligibles  are  pro- 
vided. If  selection  is  not  made  from  the  certificate  for  either  pro- 
bational  or  temporary  appointment  under  the  provisions  of  this 
paragraph,  then  temporary  appointment,  if  required,  may  be  made 
in  accordance  with  the  provisions  contained  in  paragraph  66. 

68.  Temporary  appointment  for  job  employment. — When 
there  is  work  of  a  temporary  character  at  the  completion  of  which 
the  services  of  an  additional  employee  will  not  be  required,  a  tem- 
porary appointment  may  be  made,  with  the  prior  consent  of  the 
district  secretary,  or  as  provided  herein,  for  a  period  not  to  extend 
beyond  three  months.  Such  temporary  appointment  shall  be  made 
through  certification  from  an  eligible  register  or  by  selection  from  a 
list  of  available  eligibles  provided  under  paragraph  64,  appoint- 
ment to  be  made  in  accordance  with  the  provisions  of  Civil  Service 
Rule  VII,  as  relate  to  selection  from  each  group  of  three  names. 
But  where  in  any  case  a  nominating  or  appointing  officer  finds  that 
there  is  no  eligible  available,  or  if  the  eligibles  furnished  decline  or 
fail  to  accept,  he  may  make  selection  for  temporary  appointment 
outside  of  the  register  for  a  period  not  to  extend  beyond  three 
months  without  the  prior  consent  of  the  district  secretary.  The 
nomination  for  appointment  under  this  paragraph  must  show  all 
the  circumstances,  as  required  by  paragraphs  63  and  69,  and  should 
be  forwarded  immediately  to  the  district  secretary.  In  lieu  of 
formal  nomination  for  job  employment  not  to  extend  beyond  30 
days,  when  waived  by  departmental  regulation,  written  report  of 
such  employment,  which  must  show  all  the  circumstances,  should 
be  promptly  forwarded  to  the  district  secretary.  No  extension  of 
temporary  appointment  under  this  section  shall  be  made  except  as 
provided  in  paragraph  70. 

69.  Nature  of  duties  and  period  of  job  appointment. — In  or- 
der that  the  district  secretary  may  treat  intelligently  all  requests  for 
authority  for  temporary  appointments  for  job  employments  or 
nominations  for  such  appointments  either  by  certification  from  reg- 
isters or  by  permitting  temporary  appointment  without  certification, 


169 

nominating  or  appointing  officers  should  advise  the  district  secre- 
tary fully  and  explicitly  of  the  duties  to  be  performed  by  such  ap- 
pointees and  the  actual  or  probable  duration  of  the  employment  at 
the  time  application  or  nomination  is  made  and  certify  that  the  work 
on  which  the  person  is  to  be  employed  is  temporary  in  nature  and 
that  at  the  completion  of  this  work  the  services  of  the  employee 
in  the  position  will  no  longer  be  required. 

70.  Extension  of  temporary  appointment. — The    prior    ap- 
proval of  the  district  secretary  is  required  for  extension  of  tempo- 
rary appointment  (a)  pending  the  filling  of  a  position  through  cer- 
tification from  a  register,  promotion,  reinstatement,  or  transfer;  (b) 
for  job  employment  originally  made  under  paragraph  68  for  less 
than  three  months;   (c)   for  job  employment  outside  the  register 
made  for  three  months  under  paragraph  68  without  the  prior  con- 
sent of  the  district  secretary.     General  authority  is  given  for  the 
extension  beyond  three  months  for  an  additional  period  not  to  ex- 
ceed three  months  of  job  appointments  originally  made  for  three 
months  through  certification   from  registers  or  made    for  three 
months  in  the  absence  of  eligibles  under  the  prior  authority  of  the 
district  secretary.     All  such  extensions  beyond  three  months  shall 
be  formally  reported  to  the  district  secretary  when  made,  with  a 
statement  as  to  the  necessity  therefor.     The  prior  approval  of  the 
Commission,  through  the  district  secretary,  is  required  for  exten- 
sion of  temporary  job  appointment  under  paragraph  68  beyond  a 
period  of  six  months.     Such  extension  can  only  be  authorized  for 
the  purpose  of  completing  the  job  of  work  for  which  the  person 
was  originally  employed.    Nominating  or  appointing  officers  should 
be  careful  not  to  continue  a  temporary  appointment  for  job  work 
beyond  six  months  without  authority.    Otherwise  payment  for  ser- 
vice may  be  disallowed. 

71.  Court    proceedings. — Should    proceedings    be    brought 
against  employees  of  the  Service  engaged  in  field  work,  in  any  local 
inferior  court    designed  or  calculated  to  annoy  or  interfere  with 
them  in  the  performance  of  their  official  duties  they  should  promptly 
lay  the  matter  before  the  appropriate  United  States  District  Attor- 
ney, or  submit  a  formal  statement  of  the  case  to  the  Director  with 
a  view  to  action  by  the  Department  of  Justice,  and  no  action  should 
be  taken  by  them  until  instructed  as  to  the  course  to  be  pursued. 
In  case  an  officer  or  assistant  is  summarily  arrested  and  taken  be- 


170  RECLAMATION  SERVICE  MANUAL. 

fore  a  justice  of  the  peace,  or  other  officer,  and  ordered  to  pay  a 
fine  at  once  or  accept  imprisonment,  the  fine  should  be  immediately 
paid,  but  an  appeal  should  be  taken.  Meantime,  the  facts  should 
be  communicated  by  telegraph  to  the  Director,  who  will  without 
delay  bring  the  case  to  the  attention  of  the  Department  with  a  view 
to  the  immediate  issuance  of  instructions  to  the  nearest  United 
States  Attorney  by  the  Department  of  Justice. 

72.  Insurance. — In  order  to  avoid  the  burdens  which  occa- 
sionally fall  on  the  various  members  of  the  Service  by  reason  of  the 
necessity  of  relieving  the  financial  distress  of  an  associate  who  is  ill 
or  has  suffered  an  accident,  it  is  important  that  all  employees  should 
take  out  some  form  of  health  or  accident  insurance.     A  mutual 
insurance  company  has  been   formed  consisting  entirely  of   em- 
ployees of  the  Government  in  the  Reclamation  Service,  Forest  Ser- 
vice, and  Geological  Survey.     This  is  known  as  the  Government 
Employees  Mutual  Relief  Association,  and  is  for  the  purpose  of 
giving  employees  reasonable  indemnity  in  cases  of  illness  or  acci- 
dent, which  prevents  them  from  attending  to  their  official  duties. 
(See  GOVERNMENT  EMPLOYEES  MUTUAL  RELIEF  ASSOCIATION.) 

73.  Land  ownership  by  employees. — During  the  time  of  sur- 
vey, examination  or  preliminary  study  of  a  project  it  is  not  permis- 
sible for  an  employee  of  the  Reclamation  Service  to  become  directly 
or  indirectly  interested  in  the  lands  or  region  under  survey. 

After  a  project  has  been  determined  upon  and  contracts  let,  it 
is  permissible  for  an  employee  of  the  Service  to  purchase  land  for 
a  home  to  be  occupied  by  himself  and  his  immediate  family.  This 
permission,  however,  does  not  extend  to  indiscriminate  buying  and 
selling,  but  the  intent  must  be  merely  to  establish  a  home  in  good 
faith.  (Regulations,  June  24=,  1905.) 

Speculation  in  lands  or  loans  or  investments  connected  with  the 
same,  except  as  herein  allowed,  is  strictly  prohibited.  Employees 
are  in  nearly  all  cases  subject  to  transfer  from  one  project  or  office 
to  another  as  the  interests  of  the  Service  may  require.  Any  in- 
terest which  employees  may  secure  in  a  project  will  not  be  per- 
mitted to  interfere  with  a  transfer  required  by  the  interests  of  the 
Service.  Any  employee  acquiring  interest  in  land  under  a  project 
does  so  entirely  at  his  own  risk,  with  the  understanding  that  such 
interest  shall  not  interfere  with  such  transfers  as  may  be  found 
desirable.  (Order  of  September,  1909.) 


EMPLOYEES.  171 

No  superintendent  of  irrigation,  engineer  or  other  officer  or  em- 
ployee in  responsible  charge  of  a  reclamation  project  or  unit  of 
;.   project,  will  be  permitted  to  acquire  any  interest  in  property  within 
that  project.     This  prohibition  does  not  extend  to  laborers  or  as- 
;  sistants  whose  duties  are  confined  to  carrying  out  instructions  given 
^  by  chiefs,  but  only  to  such  men  as  initiate  and  put  into  effect  those 
s  matters  which  are  left  to  judgment  and  discretion.     Rights  init- 
^  iated  under  the  order  of  September,  1909,  and  prior  to  the  date  of 
,  this  present  order  will  be  recognized  as  being  within  the  scope  of 
SLthe  said  original  order.     (Order  of  April  11,  1912.) 

74.  Purchases  from  employees. — The  general  rule  is  that  pur- 
chases or  the  hire  of  property  shall  not  be  made  from  employees 
of  the  Service.     Transactions- of  this  kind  are  clearly  unbusiness- 
like and  of  such  a  nature  as  to  invite  criticism.     A  departure  from 
the  rule  will  not  be  permitted,  except  under  the  most  unusual  and 
most  extraordinary  circumstances,  and  in  such  cases   full  state- 
ments of  the  conditions  that  appear  to  warrant  the  transactions 
must  be  submitted,  and  whenever  possible  the  permission  of  the 
Director  must  be  obtained  in  advance.     A  man  may,  however,  be 
hired  in  connection  with  his  horses,  wagons,  or  other  property,  the 
whole  being  included  in  one  agreement.     The  services  of  the  per- 
son are  accessory  to  the  use  of  equipment,  as  when  a  driver  ac- 
companies a  hired  team. 

75.  Sale  of  Government  property  to  employees. — In  view  of 
the  possible  criticism  which  may  arise  if  a  classified  or  registered 
employee  of  the  Service  should  purchase  temporary  buildings,  equip- 
ment, supplies,  etc.,  owing  to  the  completion  of  a  project,  or  con- 
demnation of  property  of  projects  in  course  of  construction,  such 
purchase  is  hereby  prohibited,  except  when  the  sale  is  made  at  a 
duly  advertised  public  auction.     This  does  not  apply  to  sales  to 
employees  from  authorized  mercantile  stores  of  property  regularly 
carried  in  stock  for  sale. 

76.  Records  of  employees  for  use  in  case  of  mishaps. — It  is 
desirable  that  a  record  should  be  kept  at  every  office  in  this  Service 
giving  in  connection  with  each  employee  the  name  and  address  of 
the  nearest  relative  or  person  who  should  be  communicated  with  in 
case  of  accident  to  or  death  or  sickness  of  the  employee  and  also  a 
statement  regarding  the  accident  or  health  ipsurance  carried  by 
him.     It  may  not  be  practicable  to  extend  this  record  to  cover 
laborers  employed,  but  it  should  be  complete  as  far  as  the  classified 


172  RECLAMATION  SERVICE  MANUAL. 

service  is  concerned,  including  every  employee  occupying  a  regis- 
tered position.  It  is,  therefore,  ordered  that  such  a  record  shall 
be  prepared  and  kept  on  file  in  each  office  of  the  Reclamation  Ser- 
vice to  be  corrected  and  brought  up  to  date  from  time  to  time  as 
changes  occur.  It  is  not  necessary  to  send  a  copy  of  this  record  to 
the  Director,  but  copies  may  be  filed  in  the  appropriate  supervising 
engineer's  office;  and  a  notice  should  be  sent  to  the  Director  that 
these  instructions  have  been  complied  with. 

77.  Families  in  camp. — When  a  permanent  camp  or  station 
has  been  established  for  the    construction,  operation    and  .main- 
tenance of  works,  it  has  been  found  to  be  of  advantage  to  permit  or 
encourage  the  families  of  the  employees  to  live  at  the  locality.    In 
this  case,  however,  it  should  be  kept  clearly  in  mind  that  the  em- 
ployees are  not  on  a  travel  status,  and  must  subsist  themselves. 
Any  subsistence  obtained  must  be  directly  at  the  expense  of  the 
employees,  or  indirectly  through  deductions  made  on  the  payroll 
for  subsistence  furnished.     Wives  and  families  of  employees  are 
not  permitted  to  be  entertained  in  temporary  surveying  or  recon- 
naissance camps. 

LEAVE  OF  ABSENCE. 

78.  Leave  of  absence,  authority  for. — The  allowance  of  leaves 
of  absence  to  employees  in  the  federal  service  has  been  covered  by 
many  acts  of  Congress.     All  of  the  former  laws  were  repealed  or 
amended  by  the  act  of  March  15,  1898  (30  Stat.  L.,  316),  which 
covers  the  matter  generally;  the  act  of  July  7,  1898   (30  Stat.  L.. 
653),  and  the  act  of  February  24,  1899  (30  Stat.  L.,  890).     For 
the  text  of  these  laws,  see  p.  523. 

The  rules  and  regulations  governing  leaves  of  absence  in  this 
Service  are  based  on  Departmental  circular  of  February  1,  1910, 
copies  of  which  may  be  obtained  upon  application  to  the  Director. 

79.  New,  temporary,  and  per  diem  employees. — Regular  em- 
ployees who  have  been  in  the  department  less  than  a  year,  including 
those  reinstated,  except  those  appointed  by  transfer  from  other  de- 
partments, will  be  entitled  to  annual  and  sick  leave  of  absence  at 
the  rate  of  two  and  one-half  days  for  each  month  of  service.     Per- 
sons transferred  from  another  department,  or  from  one  bureau  or 
office  to  another  within  this  department,  will  be  charged  with  the 
leave  taken  in  current  year  prior  to  such    transfer.     Certificates 


EMPLOYEES.  173 

from  their  former  departments  will  be  required.  Employees  trans- 
ferred from  this  department  to  another  will  be  given  certificates 
showing  their  absence  in  the  current  year  to  date  of  transfer.  Per 
diem  employees  shall  not  be  granted  leave  with  pay  if  their  ap- 
pointments state  salary  "when  actually  employed."  If  per  diem 
rate  is  simply  a  measure  of  salary  and  they  are  regularly  and  con- 
tinuously employed  without  limitation,  they  are  entitled  to  leave 
the  same  as  those  with  annual  or  monthly  rates  of  salary.  Tem- 
porary employees  will  not  be  allowed  leave  with  pay  for  the  first 
two  months  of  service. 

80.  Application    form. — Applications   for  leave   of    absence 
shall  be  made  upon  a  printed  form  (7-151 — card  size — for  field  em- 
ployees, and  1-034  for  Washington  and  Chicago  office  employees). 
All  applications  of  field  employees  shall  be  promptly  forwarded  to 
the  Director. 

81.  Leave  of  absence,  authority  to  grant. — The  Director  is 
authorized  to  grant,  through  the  chief  clerk  to  the  clerks  and  other 
employees  of  the  Service  the  annual,  sick,  and  military  leave  with 
pay  permitted  by  law ;  but  applications  for  leave  without  pay  shall 
be  forwarded  to  the  Secretary  through  the  Director.     It  is  not  to 
be  understood  that  leave  of  any  nature  is  a  right  which  can  be 
demanded,  but  is  a  privilege  and  will  be  granted  only  when  in  the 
opinion  of  the  approving  officer  the  public  interests  do  not  suffer 
by  such  absence.     The  supervising  engineers  in  the  field  are  au- 
thorized to  grant  annual  leave  to  employees  in  their  respective  di- 
visions. 

82.  Leave  revocable. — Leave  of  absence  may  be  revoked  at 
any  time  and  the  employee  ordered  to  return  to  duty  before  its  ex- 
piration, should  the  exigencies  of  the  service  require  it. 

83.  Accrued  leave   allowed   on  separation. — On   separation 
from  the  Service  by  resignation,  dismissal,  or  transfer,  employees 
will  be  allowed  only  accrued  leave  at  the  rate  of  two  and  one-half 
days  for  each  month  of  service  since  the  first  of  the  calendar  year; 
but  the  Director  may  grant  more  than  this  (within  the  legal  limit) 
when  separation  occurs  after  the  middle  of  the  year  and  the  em- 
ployee has  served  five  or  more  years  and  there  are  other  meritorious 
reasons  for  exception  to  the  rule,  in  the  latter  case  in  writing. 

84.  Allowance  of  leave  confined  to  current  year. — Leave  is 
not  cumulative.     Employees  who  are  prevented  by  the  requirements 
of  the  Service,  or  otherwise,  from  availing  themselves  of  the  regu- 


174  RECLAMATION  SERVICE  MANUAL. 

lar  annual  leave  will  not  be  entitled  to  it,  or  any  portion  thereof,  in 
a  subsequent  year ;  nor  will  leave  to  be  used  in  one  year  and  charged 
to  a  subsequent  year  be  granted. 

85.  Sundays  and  holidays,  annual  leave. — Sundays  and  legal 
holidays  and  holidays  by  executive  order,  whether  for  the  whole 
or  part  of  a  day,  at  the  beginning  or  end  of  any  kind  of  leave,  or 
within  a  period  of  annual  leave,  will  not  be  counted;  but  those 
which  occur  within  a  period  of  sick  leave  or  leave  without  pay  will 
be  counted. 

86.  Absence  for  promotion  examinations. — Absence  of  em- 
ployees in  the  Proctor's  office  while  actually  engaged  in  taking  pro- 
motion examinations,  held  by  the  Civil  Service  Commission,  will 
not  be  charged. 

87.  Annual  leave,  application   in  advance   for. — Application 
must  be  made  in  advance  of  the  date  of  the  beginning  of  the  leave 
on  Form  7-151  for  field  service  and  Form  1-034  for  Washington 
office  employees,  and  should  be  made  for  only  the  number  of  con- 
secutive days  desired.     Leave  charged  to  the  annual  leave  account 
for  a  period  longer  than  two  full  days  shall  be  applied  for  at  least 
five  full  days  before  such  period  of  leave  is  to  begin  to  run. 

88.  Non-educational  employees,  annual  leave  for. — Engineers 
in  charge  of  project  may  grant  to  employees  in  registered   (non- 
educational)   positions,  within  their  discretion,  annual  leave  upon 
the  basis  of  one  day  for  each  calendar  month  of  employment,  the 
leave  to  be  subject  to  the  same  regulations  as  those  now  in  force 
with  reference  to  employees  of  the  classified  service  under  Secre- 
tary's appointment,  insofar  as  such  regulations  may  be  applicable, 
except  that  the  leave  granted  such  registered    (non-educational) 
employees  will  be  upon  the  basis  of  one  day  instead  of  two  and  a 
half  days  for  each  calendar  month.     Leave  with  pay  to  non-edu- 
cational employees  is  not  to  be  granted  indiscriminately,  but  only  in 
cases  where  faithful  and  efficient  service  or  constant  confinement 
to  duty  warrant  the  absence  of  such  employees  with  pay.     (Secre- 
tary, July  10,  1912.) 

89.  Physician's  certificate.— Sick  leave  will  not  be  allowed 
without  a  physician's  certificate,  unless  application  is  accompanied 
by  a  sworn  statement  that  the  absence  was  due  entirely  to  personal 
illness,  that  no  physician  was  employed,   that  the  employee  was 
wholly  unable  to  perform  official  work  or  to  be  present  at  his  post 


EMPLOYEES.  175 

of  duty,  and  that  he  was  confined  to  his  residence  (giving  same) 
during  said  period.  A  physician's  certificate  should  show  the 
name  of  the  employee,  that  he  personally  attended  him,  the  date  or 
dates  of  attendance,  the  place  of  attendance  (residence  or  office — 
street  and  number),  the  duration  of  the  illness,  and  that  the  em- 
ployee was  actually  physically  disabled  for  the  performance  of 
official  duties.  Certificates  of  sickness  from  none  but  regularly 
lirensed  physicians  will  be  acceptable.  Periods  not  exceeding  three 
^*ys  may  be  granted  on  affidavit,  and  the  aggregate  of  affidavit 
sick  leave  shall  not  exceed  twelve  days  in  one  year.  Applications 
must  be  submitted  in  duplicate. 

90.  Investigation. — When  deemed  advisable  an  officer  of  the 
department  will  be  directed  to  investigate  and  report  the  facts  in 
any  case  of  sickness  or  absence.     Slight  ailments  or  indisposition 
will  not  be  accepted  as  sufficient  cause  for  allowing  sick  leave ;  such 
absences  should  be  charged  to  annual  leave. 

91.  Quarantine. — When  an.  employee  has  been  exposed  to  a 
contagious  disease  against  which  the  medical  authorities  quaran- 
tine the  patient,  he  should  immediately  file  with  the  Director  a  cer- 
tificate from  the  attending  physician,  where  such  be  the  case,  stat- 
ing that  in  his  judgment  the  presence  of  the  employee  in  the  office 
would  jeopardize  the  health  of    fellow-clerks.     Application    for 
leave  with  pay  for  the  time  lost  must  be  accompanied  by  a  certifi- 
cate from  the  health  office  showing  that  a  case  of  contagion  existed 
on  the  premises  during  the  time  covered  by  the  application,  and 
the  attending  physician  must  certify  that  all  danger  from  contagion 
has  passed. 

92.  Half  day  granted,  not  less  than. — Sick  leave  will  not  be 
granted  for  less  than  half  a  day.     Absence  in  excess  of  half  a  day 
will  be  charged  actual  time.     Sick  leave  will  not  be  granted  in  ad- 
vance. 

93.  Professional  treatment. — Absence  for  the  purpose  of  be- 
ing treated  professionally  by  a  dentist  at  his  office  is  not  allowable 
as  sick  leave.     This  is  not  intended  to  disallow  sick  leave  for  deten- 
tion at  home  by  illness  or  disability  due  to  causes  as  to  which  a 
dentist  is  qualified  to  certify. 

94.  Sundays  and  holidays,  sick    leave. — Sundays,    holidays, 
and  half  holidays  occurring  within  a  period  of  absence  on  account  of 
sickness  or  quarantine  will  be  charged,  but  when  occurring  at  the 
beginning  or  end  of  such  leave  will  not  be  charged.    When  an  em- 


176  RECLAMATION  SERVICE  MANUAL. 

ployee  is  on  sick  leave  which  expires  on  (including)  Saturday,  and 
continues  absent  beginning  Monday  following  on  annual  leave,  the 
intervening  Sunday  is  not  charged. 

95.  Penalties  for  deception. — All  employees  will  be  held  to  a 
strict  accountability  for  statements  made  by  them  of  inability  to 
perform  duty.     When  sick  leave  has  been  granted  and  subsequent 
developments  prove  that  it  was  obtained  by  misrepresentation,  it 
will  be  charged  to  leave  without  pay  even  if  the  offender  has  annual 
leave  still  due.     A  second  attempt  to  mislead  or  deceive  official 
superiors,  directly  or  indirectly,  in  regard  to  absence  on  account  of 
alleged  sickness,  will  be  deemed  sufficient  cause  for  dismissal. 

96.  Modifying  annual  to  sick  leave. — No  modification  of  an- 
nual to  sick  leave  will  be  made  unless  sickness  begins  on  or  before 
the  first  day  of  the  period  granted  as  annual  leave,  when  the  latter 
may  be  surrendered  and  sick  leave  granted  instead  under  the  usual 
limitations.     The  circumstances  and  surroundings  of  an  employee 
on  vacation  are  usually  so  different  from  when  on  official  duty  that 
it  seems  beyond  the  intent  of  the  law  and  regulations  to  grant  sick 
leave  during  a  period  of  annual  leave. 

97.  Leave  without  pay,  applications  for. — Applications  for 
leave  without  pay  are  forwarded  to  the  Secretary,  with  recommen- 
dation of  the  Director,  for  approval.     Each  application  must  be  ac- 
companied with  a  statement  showing  the  cause  for  applying  for 
leave  without  pay.     Applications  in  triplicate  should,  whenever  pos- 
sible, be  filed  in  advance  of  the  leave.     Leave  without  pay  is  not  to 
be  considered  as  a  right,  but  may  be  granted  as  a  favor  only  when, 
in  the  opinion  of  the  Director,  the  public  interests  will  not  suffer  by 
the  absence. 

98.  Extended  periods  of  leave  not  permitted. — Public  service 
will  not  permit  of  an  indefinite  and  indiscriminate  extension  of  this 
privilege.     Leave  without  pay   for  an   extended   period  will   not 
be  granted,  but  the  employee  desiring  such  leave  will  be  required  to 
resign,  subject  to  reinstatement,  if  in  good  standing. 

99.  Absence  at  beginning  of  year. — An  employee  who  is  ab- 
sent at  the  end  of  the  year  without  pay,  and  continues  absent  at  the 
beginning  of  the  next  year,  is  not  entitled  to  annual  or  sick  leave 
on  the  new  year's  allowance  until  return  to  duty  for  an  aggregate  of 
thirty  days ;  thereafter  leave  of  absence  with  pay  from  January  1 
is  permissible. 


EMPLOYEES.  177 

100.  Deduction  for  excess  leave. — Absence  of  employees  in 
excess  of  the  legal  allowance  with  pay  must  be  covered  by  an 
application    for  leave   of  absence   without  pay   for  one   day   or 
more,  as  no  excess  can  be  permitted  without  a  deduction  there- 
for.    In  the  case  of  a  deduction  of  a  day's  pay  where  the  em- 
ployee has  not  been  absent  an  entire  day  he  may  take    the  bal- 
ance of  the  day's  time  without  further  deduction,  subject  to 
approval  by  the  chief  clerk,  provided  the  time  is  taken  in  the 
same  year. 

101.  Deduction  from  annual  and  sick  leave. — A  proportion- 
ate deduction  from  allowance  of  both  annual  and  sick  leave  shall  be 
made  at  the  rate  of  one  day  for  each  twelve  days  (two  and  one- 
half  per  month)  of  furlough  or  leave  without  pay  in  the  current 
year.     If  absence  without  pay  for  twelve  or  more  days  should  oc- 
cur after  annual  leave  is  exhausted,  application  for  leave  without 
pay  to  modify  the  excess  of  annual  leave  already  taken  will  be  re- 
quired.    This  applies  also  to  reinstated  employees  in  regard  to  the 
period  of  their  separation  from  the  department  in  the  current  year. 

102.  Sundays  and  holidays  included. — Sundays  and  holidays 
and  half  holidays  occurring  within  a  period  of  leave  without  pay 
will  be  charged  as  whole  days.     Saturday  half  holidays  during  the 
summer  months  will  be  charged  as  whole  days. 

103.  Half  holiday  ending  leave. — Where  the  last    day  of  a 
period  of  leave  without  pay  is  a  Saturday  (or  other  day)  of  which 
the  afternoon  is  a  holiday,  and  the  person  returns  to  duty  the  fol- 
lowing Monday  morning,  it  is  necessary  to  charge  the  whole  day  to 
conform  with  the  Treasury  regulation,  which  forbids  the  division 
of  a  day's  salary ;  and  the  balance  of  the  overcharged  day  may  not 
be  taken  at  some  other  time  without  further  charge. 

104.  Sunday  between  sick  leave  and  leave  without    pay. — 
When  sick  leave  expires  on  (including)  Saturday  and  the  employee 
continues,  absent,  beginning  Monday  following  on  leave  without 
pay,  the  intervening  Sunday  is  charged  without  pay. 

105.  Penalty  for  absence  without  leave. — Employees  absent 
without  first  obtaining  leave,  and  not  sick  or  quarantined,  may  be 
subject  to  the  enforcement  of  leave  without  pay,  and  repetitions  of 
the  offense  may  be  deemed  good  ground  for  dismissal. 

106.  Private  work. — Engineers  in  the  regular  employ  of  the 
United  States  cannot  take  outside  work  unless  by  specific  authority 
in  each  case  from  the  Secretary.     In  some  cases  of  public  or  quasi- 


178  RECLAMATION  SERVICE  MANUAL. 

public  works  under  States,  municipalities,  or  large  corporations,  the 
public  interest  may  be  subserved  by  the  Secretary  authorizing  such 
employees  to  aid  by  professional  advice  at  rates  of  remuneration 
common  among  consulting  engineers  but  not  at  a  less  cost  to  the 
proposed  employer  and  at  rates  specified  in  advance.  The  follow- 
ing is  the  text  of  an  Executive  Order  issued  in  1873  relative  to  the 
acceptance  of  State  and  other  offices  by  Federal  employees : 

By  the  President  of  the  United  States. 

EXECUTIVE  ORDER. 

Whereas,  it  has  been  brought  to  the  notice  of  the  Presi- 
dent of  the  United  States  that  many  persons  holding  civil 
office  by  appointment  from  him,  or  otherwise,  under  the 
Constitution  and  laws  of  the  United  States,  while  holding 
such  federal  positions  accept  offices  under  the  authority  of 
the  States  and  Territories  in  which  they  reside,  or  of  mu- 
nicipal corporations,  under  the  charters  and  ordinances  of 
such  corporations,  thereby  assuming  the  duties  of  the  State, 
Territorial,  or  municipal  office  at  the  same  time  that  they 
are  charged  with  the  duties  of  the  civil  office  held  under 
federal  authority: 

And  whereas  it  is  believed  that,  with  few  exceptions,  the 
holding  of  two  such  offices  by  the  same  person  is  incom- 
patible with  a  due  and  faithful  discharge  of  the  duties  of 
either  office;  that  it  frequently  gives  rise  to  great  incon- 
venience, and  often  results  in  detriment  to  the  public  ser- 
vice ;  and,  moreover,  is  not  in  harmony  with  the  genius  of 
the  Government: 

In  view  of  the  premises,  therefore,  the  President  has 
deemed  it  proper  thus  and  hereby  to  give  public  notice  that, 
from  and  after  the  4th  day  of  March  A.  D.  1873  (except  as 
herein  specified),  persons  holding  any  federal  civil  office  by 
appointment  under  the  Constitution  and  the  laws  of  the 
United  States  will  be  expected,  while  holding  such  office, 
not  to  accept  or  hold  any  office  under  any  State  or  Terri- 
torial government,  or  under  the  charter  or  ordinances  of 
any  municipal  corporation ;  and  further,  that  the  acceptance 
or  continued  holding  of  any  such  State,  Territorial,  or  mu- 
nicipal office,  whether  elective  or  by  appointment,  by  any 
person  holding  civil  office,  as  aforesaid,  under  the  Govern- 
ment of  the  United  States,  other  than  judicial  offices  under 
the  Constitution  of  the  United  States,  will  be  deemed  a  va- 
cation of  the  federal  office  held  by  such  person,  and  will  be 


EMPLOYEES.  179 

taken  to  'be,  and  will  be  treated  as,  a  resignation  by  such 
federal  officer  of  his  commission  or  appointment  in  the  ser- 
vice of  the  United  States. 

The  offices  of  justices  of  the  peace,  of  notaries  public,  and 
of  commissioners  to  take  the  acknowledgment  of  deeds,  of 
bail,  or  to  administer  oaths,  shall  not  be  deemed  within  the 
purview  of  this  order  and  are  excepted  from  its  operation 
and  may  be  held  by  federal  officers. 

The  appointment  of  deputy  marshall  of  the  United  States 
may  be  conferred  upon  sheriffs  or  deputy  sheriffs.  And 
deputy  postmasters,  the  emoluments  of  whose  office  do  not 
exceed  six  hundred  dollars  per  annum,  are  also  excepted 
from  the  operations  of  this  order,  and  may  accept  and  hold 
appointments  under  State,  Territorial,  or  municipal  au- 
thority, provided  the  same  be  found  not  to  interfere  with 
the  discharge  of  their  duties  as  postmasters.  Heads  of  De- 
partments and  other  officers  of  the  Government  who  have 
the  appointment  of  subordinate  officers  are  required  to  take 
notice  of  this  order,  and  to  see  to  the  enforcement  of  its 
provisions  and  terms  within  the  sphere  of  their  respective 
departments  or  offices,  and  as  relates  to  the  several  persons 
holding  appointments  under  them,  respectively. 
By  order  of  the  President : 

HAMILTON  FISH. 
Secretary  of  State. 

Washington,  January  17,  1873. 

Inquiries  having  been  received  as  to  the  application  of  said 
Executive  Order,  a  further  order  was  issued  on  January  28,  1873. 
In  reply  to  an  inquiry  whether  the  order  prohibits  a  Federal  officer 
from  holding  also  the  office  of  alderman  or  common  councilman  in 
a  city,  or  of  town  councilman  of  a  town  or  village,  or  of  appoint- 
ments under  city,  town,  or  village  governments,  it  is  fyeld  that  offices 
of  the  description  referred  to,  by  whatever  names  they  may  be 
locally  known,  whether  held  by  election  or  by  appointment,  and 
whether  with  or  without  salary  or  compensation,  are  of  the  class 
which  the  Executive  Order  intends  not  to  be  held  by  Federal  officers. 
It  is  held  that  positions  and  services  on  boards  of  education,  school 
committees,  professorships  in  colleges,  etc.,  are  not  regarded  as 
"offices"  within  the  contemplation  of  the  Order,  and  officers  of  the 
Government  may  engage  in  such  service  provided  it  does  not  inter- 
fere with  their  official  duties.  The  head  of  the  Department  will  be 
the  sole  judge  whether  or  not  the  employment  does  thus  interfere. 
It  was  also  held  that  the  said  Order  does  not  prohibit  Federal  officers 


180  RECLAMATION  SERVICE  MANUAL. 

from  being  officers  of  the  militia  in  the  States  •  and  Territories. 
Also  that  unpaid  service  in  fire  departments  is  not  regarded  as  an 
office  within  the  intent  of  the  Order,  and  may  be  performed  by  Fed- 
eral officers,  provided  it  does  not  interfere  with  their  official  duties, 
of  which  Head  of  the  Department  will  in  each  case,  be  the  judge. 
Employment  by  the  day  as  mechanics  or  laborers  in  the  armories, 
arsenals,  navy  yards,  etc.,  does  not  constitute  an  office  of  any  kind, 
and  those  thus  employed  are  not  within  the  contemplation  of  the 
Order.  Master-workmen  and  others  who  hold  appointments  from 
the  Government,  or  from  any  Department  whether  for  a  fixed  time 
or  at  the  pleasure  of  the  appointing  power,  are  embraced  within  the 
operation  of  the  Order. 

Any  engineer  accepting  employment  by  that  act  becomes  separated 
from  Government  employment.  Engineers  will  not  be  permitted 
to  compete  generally  nor  engage  in  private  practice  except  as  above 
stated. 

107.  Favors  or  gifts  not  to  be  accepted  by. — Employees 
should  not  accept  gifts,  favors,  perquisites,  or  other  personal  privi- 
leges from  contractors,  dealers,  or  others  having  business  relations 
with  the  Service. 

ENTRIES,  RECLAMATION  HOMESTEAD. 

For  instructions  see  circular  of  the  General  Land  Office  and 
Reclamation  Service  approved  February  6,  1913,  as  amended 
to  date. 

ENTRYMEN,  EMPLOYMENT  OF. 

Upon  the  question  as  to  whether  homestead  entrymen  will  be  per- 
mitted to  leave  their  claims  and  work  as  laborers  on  reclamation 
projects,  without  subjecting  their  entries  to  contest  for  failure  to 
maintain  continuous  residence,  the  Assistant  Attorney  General  held, 
in  an  opinion  approved  by  the  Secretary  of  the  Interior,  December 
31,  1906,  as  follows: 

There  is,  however,  no  reason  why  the  entryman  may  not 
engage  in  such  work  without  forfeiting  by  his  temporary 
absence  from  the  land  his  homestead  right.  The  rule  is  well 
established  by  a  long  line  of  decisions  that  after  a  residence 
has  once  been  established  in  good  faith,  temporary  absence 


EXAMINERS.,  INSTRUCTIONS  REGARDING  DUTIES  OE.  181 

from  the  land  for  the  purpose  of  earning  a  living,  not  incon- 
sistent with  an  honest  intention  to  comply  with  the  law  will 
not  of  itself  constitute  abandonment,  but  will  be  considered 
as  constructive  residence  upon  the  land,  especially  where 
good  faith  in  all  other  respects  is  manifest.  The  entryman 
must,  however,  evince  by  his  acts  an  honest  intention  to 
maintain  a  permanent  residence,  and  to  make  the  land  a 
home  to  the  exclusion  of  one  elsewhere.  (Dammon  v.  Sin- 
clair, 26  L.  D.,  219;  Brandon  v.  Fuller,  28  L.  D.,  485.) 

The  rulings  of  the  Department  in  this  respect  have  been 
exceedingly  liberal,  and  as  the  question  of  good  faith  and  in- 
tention of  the  entryman  must  be  determined  from  the  facts 
in  each  particular  case,  it  is  not  advisable  that  the  Depart- 
ment should  determine  in  advance  what  acts,  or  what  condi- 
tions would  justify  temporary  absences  from  the  land  by  an 
entryman. 

ENTRYMEN,  HOMESTEAD,  LEAVES  OF  ABSENCE 

FOR. 

For  instructions  see  circular  of  General  Land  Office  and 
Reclamation  Service  approved  February  6,  1913,  as  amended 
to  date. 

EQUIPMENT,  LOCAL  TRANSFER  OF. 

It  is  sometimes  necessary  to  transfer  equipment,  materials  and 
supplies  from  one  feature  account  to  another.  In  such  cases  Form 
7-779  should  be  used,  instructions  for  the  use  of  which  are  printed 
thereon.  The  prices  for  all  articles  transferred  should  be  agreed 
upon  by  the  parties  issuing  and  receiving  them,  and  should  be  in- 
serted on  the  transfer  blanks. 

EXAMINERS,   INSTRUCTIONS   REGARDING  DUTIES 

OF. 

Administrative  reports,  par.  4. 

Contract  forms,  approval  of,  par.  1. 

Correspondence,  par.  5. 

Duties,  par.  2. 

Local  laws  and  decisions,  par.  3. 

Monthly  reports,  par.  6. 


182  RECLAMATION  SERVICE  MANUAL. 

(See  also  LANDS,  ACQUISITION  OF,  PARS.  47,  50,  51;  also  CON- 
TRACTS, PARS.  14-16,  36;  also  SPECIAL  FISCAL  AGENTS,  RESPONSI- 
BILITIES AND  DUTIES  OF,  PAR.  80;  also  SURVEYS,  PAR.  25.) 

1.  Contract  forms,  approval  of. — The  examiner  assigned  to  a 
project  shall  approve,  as  to  form,  all  contracts  executed  within  his 
district,  except  as  provided  in  CONTRACTS,  PAR.  36,  in  order  to  make 
sure  that  the  requirements  of  the  law  and  of  the  regulations  have 
been  fully  met. 

2.  Duties. — The  examiners  in  the  field  are  attached  to  the 
office  of  the  supervising  or  project  officers  and  their  duties  are  of 
advisory  character,  covering  the  legal  phases  of  the  work,  which 
consist  largely  in  negotiation  for  the  purchase  of  land;  the  filing, 
purchase  and  adjustment  of  water  rights;  the  preparation  and  con- 
struction of  contracts;  questions  arising  in  the  distribution  of  water 
to  settlers ;  and  in  the  dealings  with  the  water  users'  associations. 

3.  Local  laws  and  decisions. — They  should  familiarize  them- 
selves with  the  local  laws  and  court  decisions  of  the  State  or  Terri- 
tory in  which  they  are  operating;  and  with  the  Federal  statutes, 
maintaining  for  ready  reference  a  file  of  the  circulars,  memoranda 
and  service  orders  from  the  Director's  office.     The    Washington 
office  should  be  promptly  advised  of  any  new  and  important  local 
decisions  or  laws  affecting  the  work  of  the  Service. 

4.  Administrative  reports. — In   administrative   matters,   the 
examiner  should  report  through  the  supervising  or  project  officer, 
or  should  prepare  the  correspondence  for  the  officer's  signature  or 
make  report  to  the  officer  over  his  own  signature  as  may  be  pre- 
ferred by  the  officer. 

5.  Correspondence. — In  all  matters  relating  to  strictly  legal 
questions  or  to  internal  administration  of  the  legal  division,  cor- 
respondence should  be  addressed  by  the  examiner  to  the  supervising 
engineer  in  charge  of  the  Legal  Division  at  Washington,  a  carbon 
being  furnished  to  the  engineer  to  whose  office  the  examiner  is  de- 
tailed.    (See  also  CORRESPONDENCE.) 

6.  Monthly  reports.— On  the  last  day  of  each  month  the  ex- 
aminer will  make  report  to  the  supervising  engineer  in  charge  of  the 
Legal  Division  at  Washington,  covering  the  business  of  the  month 
in  all  matters  designated  in  the  foregoing,  with  sufficient  detail  to 
keep  the  Washington  office  fully  advised,  furnishing  carbon  copies 
to  the  engineer  to  whose  office  he  is  detailed. 


EXCESS    LANDS.  183 

EXCESS  BAGGAGE. 

Transportation  requests  should  not  be  used  to  cover  charges  for 
excess  baggage.  If  an  employee  moves  private  property  it  should 
be  done  at  his  own  expense,  and  if  he  be  under  the  necessity  of  ship- 
ping public  property  it  should  be  sent  by  freight  or  express,  covered 
by  a  Government  bill  of  lading,  or  if  practicable,  it  may  be  put  into 
small  parcels  and  sent  by  mail  under  the  Government  frank.  When 
an  employee  moves  private  property  which  is  essential  equipment  for 
his  work  in  the  Service  he  may  upon  request  be  allowed  to  ship  same 
by  freight  or  express  upon  a  Government  bill  of  lading.  This  privi- 
lege is  granted  on  the  understanding  that  the  property  transported 
is  necessary  for  the  public  service.  (See  TRAVEL,  EXPENSE,  PAR. 
30.) 

EXCESS  LANDS. 

Entries,  par.  2. 
Private  lands,  par.  1. 

(See  also  REPAYMENTS,  SECURITY  FOR.) 

1.  Excess  private  lands. — Persons  who  desire  to  secure  the 
benefits  of  the  Reclamation  Act  under  any  project  and  who 
own  lands  under  one  or  more  projects  in  excess  of  160  acres, 
are  required  to  dispose  of  the  excess  so  that  at  the  time  when 
the  water,  is  furnished  no  one  person  holds  more  than  160 
acres  of  irrigable  land.  They  may,  under  some  projects,  be  re- 
quired to  reduce  their  holdings  to  such  less  area  as  may  be  fixed  by 
the  Secretary  of  the  Interior.  In  order  to  insure  this  adjustment  it 
will  be  necessary  for  such  persons  to  agree  to  the  subdivision  and 
sale  of  their  excess  lands  so  that  they  shall  not  be  held  in  tracts  in 
excess  of  the  area  fixed  by  the  Secretary  of  the  Interior.  In  like 
manner  land  owners  who  are. not  qualified  to  perfect  water  rights 
under  the  Reclamation  Act  must  agree  to  dispose  of  their  lands  to 
qualified  applicants  under  such  terms  as  may  be  established  by  the 
Department.  In  general  terms  land  owners  are  required  to  convey 
their  lands  in  trust  to  or  empower  a  water  users  association,  or  other 
trustee  duly  designated  with  power  in  the  trustee  to  sell  the  same  at 
public  auction  in  case  the  land  has  not  been  sold  to  parties  qualified 
to  apply  for  a  water  right  under  the  provisions  of  the  Reclamation 


184  RECLAMATION  SERVICE  MANUAL. 

Act,  when  water  is  ready  for  delivery  by  the  United  States,  or 
within  a  reasonable  time  thereafter  as  designated  by  the  Secretary 
Copies  of  the  forms  used  for  this  purpose  are  subject  to  approval  by 
the  Secretary.  It  is  not  intended  that  there  shall  be  any  restriction 
on  transfers,  by  the  owners  of  these  lands  while  so  held  in  trust, 
even  though  the  purchaser  may  not  himself  be  qualified  to  apply  for 
a  water  right  under  the  Reclamation  Act,  but  the  conditions  of  the 
trust  and  power  of  sale  remain  in  effect  until  the  acceptance  of  an 
application  for  water  right  duly  made  by  a  qualified  holder  of  the 
land. 

2  Excess  areas  in  entries. — Reclamation  homestead  entries 
and  desert  entries  coming  within  the  provisions  of  the  Reclama- 
tion Act  are  subject  to  the  rule  of  approximation  that  when 
the  excess  area  therein  above  160  acres  is  less  than  the  de- 
ficiency would  be  if  the  smallest  subdivision  were  excluded  it 
may  be  included  in  the  entry ;  where  it  is  greater  it  must  be  excluded. 
(Secretary,  March  30,  1910,  38  L.  D.,  513.) 

EXPERIMENTAL  FARMS. 

The  Department  of  the  Interior  decided  on  December  18,  1909. 
that  there  is  no  authority  of  law  whereunder  money  may  be  taken 
out  of  the  reclamation  fund  and  devoted  to  the  purpose  of  con- 
structing buildings  and  improvements  for  the  use  of  the  Depart- 
ment of  Agriculture  upon  experimental  farms.  The  withdrawal 
of  public  lands  for  such  farms  and  the  furnishing  of  water  therefor 
is,  however,  proper  and  may  be  continued. 

EXTRA  WORK,  HOW  TO  VOUCHER. 

Where  extra  work  has  been  done  by  a  contractor  in  connection 
with  his  contract,  the  items  should  be  entered  thereon  in  the  follow- 
ing form : 

Hxtra  Work. 

For  labor  and  materials  as  per  attached  itemized  state- 
ment. 

Actual  cost  of  labor  and  materials  $ 

%  added,  as  per  paragraph  of  Con- 
tract No.  . 


FARM-UNIT    PLATS.  185 

To  the  voucher  should  be  attached  two  papers : 

1.  Itemized  statement  of  labor  and  materials,  with  engi- 
neer's certificate  as  follows: 

I  hereby  certify  that  the  above  statement  of  cost  of  labor 
•  and  materials  is  correct,  and  that  the  said  extra  work  was 

performed  in  accordance  with  my  instructions  of , 

and  that  the  same  has  been  satisfactorily  performed. 

2.  Copy  of  letter  to  contractor  authorizing  the  extra  work. 

FARM-UNIT  PLATS. 

Amendments,  applications  for  by  entrymen,  par.  23. 

Amendments  occasioned  by  assignments,  par.  24. 

Application  for  resurvey,  par.  14. 

Areas  to  be  excluded,  par.  18. 

Boundaries  and  ownership  distinctions,  par.  7. 

Changing  irrigable  acreages,  par.  13. 

Definition,  par.  1. 

Designation  of  farm  units,  par.  8. 

Determination  of  farm-unit  area,  par.  2. 

Duplications  to  be  avoided,  par.  10. 

Entries  prior  to  public  notice,  par.  4. 

Forwarding  plats  to  Director,  par.  21. 

Fractional  acreages,  par.  15. 

Lettering  of  units,  par.  9. 

Method  of  showing  irrigable  acreages,  par.  12. 

Official  areas,  par.  16. 

Preparation  of  plats,  par.  3. 

Printing  and  distribution,  par.  22. 

Private  lands  not  to  be  subdivided,  par.  11. 

Relinquishment  of  part  of  farm  unit,  par.  25. 

Rights  of  way  under  act  of  Congress,  par.  19. 

Statistics,  par.  20. 

Time  of  preparation,  par.  5. 

Topographic  features,  culture,  etc.,  par.  17. 

What  should  be  shown  on  plats,  par.  6. 

For  matters  relating  to  surveys  of  irrigable  areas,  see  Surveys. 

1.  Definition. — A  farm-unit  plat  is  a  plat  of  a  township, 
usually  on  a  scale  of  two  inches  to  the  mile,  and  may  be  either  a  pre- 
liminary plat  showing  merely  the  farm  unit  subdivisions  of  public 


186  RECLAMATION  SERVICE  MANUAL. 

lands,  or  it  may  be  a  final  plat  showing  farm  unit  subdivisions  of 
public  lands  and  the  areas,  public  and  private,  to  be  served  with 
water.  These  plats,  after  being  approved  by  the  Secretary,  are 
photo-lithographed  and  copies  are  filed  in  the  General  Land  OfHce 
and  local  land  office.  They  form  the  official  record  to  which  home- 
stead entries  and  water  right  applications  must  be  made  to  conform. 
The  term  farm  unit  relates  only  to  a  tract  of  public  land  fixed  as  a 
homestead  entry  under  the  Reclamation  Act. 

2.  Determination  of  farm-unit  area. — While  a  project  is  in 
course  of  construction  the  examination  of  the  soil  and  the  deter- 
mination of  local  conditions  should  be  carried  on  to  the  end  that 
early  determination  may  be  had  of  the  "limit  of  area  per  entry, 
which  limit  shall  represent  the  acreage  which,  in  the  opinion  of  the 
Secretary,  may  be  reasonably  required  for  the  support  of  a  family 
upon  the  lands"  entered  subject  to  the  provisions  of  the  Reclama- 
tion Act.     A  board  of  engineers  should  be  convened  for  considera- 
tion of  this  important  proposition  and  to  make  appropriate  recom- 
mendation relative  thereto.     At  the  same  time  recommendation 
should  be  made  in  case  it  is  deemed  advisable  to  limit  the  area  for 
which  water  will  be  furnished  to  lands  in  private  ownership  to  less 
than  160  acres. 

3.  Preparation  of  plats. — Upon  approval  by  the  Secretary  of 
the  areas  to  be  adopted  in  these  cases  the  farm  unit  plats  are  pre- 
pared accordingly.     Where  the  farm-unit  boundaries  do  not  con- 
form to  the  regular  subdivision  lines  so  that  resubdi vision  surveys 
are  necessary,  the  instructions  for  subdivision  surveys  should  be 
closely  followed,  and  proper  diagrams  with  field  notes  for  the  resub- 
divided  tracts  should  be  prepared  and  accompany  the  farm  unit 
plats  in  order  that  copies  may  be  filed  in  the  General  Land  Office. 
(See  SURVEYS,  PARS.  27-29.) 

4.  Entries  prior  to  public  notice. — Prior  to  the  passage  of  the 
Act  of  June  25,  1910  (36  Stat,  835,  see  sec.  5,  p.  477)  entries  could 
be  made  on  lands  withdrawn  as  irrigable.     Such  entries  were  us- 
ually made  for  the  maximum  limit  of  area  allowable  under  the 
Act,  160  acres)  and  it  was  necessary  for  such  entrymen  to  conform 
their  entries  to  the  smaller  farm  units  subsequently  established.  For 
the  purpose  of  these  adjustments  preliminary  plats  showing  merely 
the  boundaries  of  the  farm  units  were  filed,  the  final  plats,  showing 
the  irrigable  areas  on  which  payment  must  be  made  being  filed 
later,  but  prior  to  the  time  water  was  to  be  ready  for    delivery. 


FARM-UNIT    PI/ATS.  187 

Since  the  passage  of  the  said  Act  no  reclamation  homestead  entries 
can  be  made  until  after  public  notice  has  issued. 

5.  Time  of  preparation. — (a)  In  case  reclamation  homestead 
entries  have  been  lawfully  made,  preliminary  plats  showing  farm- 
unit  subdivisions  and  total  areas  should  be  prepared  as  early  as 
possible  before  the  opening  of  the  project  to  irrigation,  in  order 
that  any  filings  which  may  have  been  made  may  be  conformed  to 
the  units  as  laid  out,  thus  avoiding,  as  far  as  possible,  the  confusion 
due  to  later  adjustments  of  conflicting  claims.     On  these  plats  the 
irrigable  areas  are  not  shown  and  the  total  areas  of  public-land 
farm  units  are  shown  only  when  the  tracts  are  irregular,      (b) 
Final  farm-unit  plats  are  prepared  as  soon  as  the  irrigable  acreage 
can  be  definitely  determined,  and  show  the  area  of  public  lands  sub- 
divided into  farm  units  which  it  is  intended  to  open  to  entry  and  the 
areas  of  private  lands  for  which  water-right  applications  may  be 
made.     If  the  irrigable  area  cannot  be  defined  it  is  best  to  supply 
water  under  water-rental  contract  until  the  irrigable  area  can  be 
ascertained. 

6.  What  should  be  shown  on  plats. — The  plats  should  show 
for  each  township  the  lands  opened  to  irrigation,  public  and  private, 
section  and  subdivision  lines  extending  only  as  far  as  necessary,  the 
remainder  of  the  township  being  left  blank. 

7.  Boundaries  and  ownership  distinctions. — Boundaries  of  in- 
dividual public  land  farm  units  should  be  shown  by  solid  black 
lines;  outer  boundaries  of  private  land  areas  by  broken  lines.     In- 
dividual ownership  should  not  be  indicated,  but  the  total  irrigable 
area  of  each  40-acre  subdivision  or  land  office  lot  in  private  owner- 
ship should  be  shown.     Where  the  land  is  bounded  by  a  meandered 
stream  the  land  lines  should  be  run  to  and  follow  the  meander  line 
thereof  as  shown  on  the  official  township  plats  issued  by  the  Gen- 
eral Land  Office.     United  States  reservations  should  be  shown  as 
shaded  areas  and  total  and  irrigable  areas  and  purposes  of  reserva- 
tions noted  on  the  original  plats.     The  purpose  of  such  reservations 
and  irrigable  areas,  however,  will  not  be  shown  on  the  printed 
edition  of  the  plats  except  that  areas  reserved  under  the  town- 
site  acts  will  be  so  marked.     Should  there  be  an  agreement  for  the 
disposition  of   State  and  railroad  lands  under  the  terms  of  the 
Reclamation  Act,  such  lands  should  be  given  distinctive  boundary 
lines  and  farm-unit  subdivisions  should  be  shown. 

8.  Designation  of  farm  units. — Farm  units  should  be  lettered 


188  RECLAMATION  SERVICE  MANUAL. 

A,  B,  C,  etc.  (omitting  the  letters  I  and  O),  beginning  at  the  north- 
cast  corner  of  each  section  and  continuing  alternately  from  right 
to  left  and  left  to  right  after  the  manner  of  section  numbers. 

9.  Lettering  of  units. — Where  farm  units  of  ten  or  twenty 
acres  are  made,  or  where  the  number  of  units  in  the  sections  exceed 
25,  each  quarter-section  should  be  independently  lettered. 

10.  Duplications  to  be  avoided. — Where  units  include  lands 
in  more  than  one  section  care  should  be  taken  that  designating  let- 
ters are  not  duplicated  in  any  single  section  or  quarter    section. 
Where  units  include  lands  in  more  than  one  township  the  designa- 
tion, boundaries  and  areas  should  be  shown  on  the  township  plat 
containing  the  larger  portien  of  the  unit,  and  the  boundary  and 
designating  letter  of  the  unit  should  be  outlined  on  the  adjoining 
plat  without  showing  the  areas.     No  letter  which  has  previously 
been  used  in  designating  a  farm  unit  within  or  partly  within  a  sec- 
tion, whether  on  a  superseded  plat  or  in  connection  with  an  amended 
or  canceled  farm  unit,  or  otherwise,  should  be  again  used  in  desig-' 
nating  a  farm  unit  in  the  same  section. 

11.  Private  lands  not  to  be  subdivided. — Tracts  of  private 
lands  should  not  be  subdivided  into  units  or  designated  by  letters. 

12.  Method  of  showing  irrigable  acreages. — On   farm-unit 
plats  the  irrigable  acreage  should  be  indicated  on  each  public  land 
farm  unit.     When  less  than  the  total  area  of  the  farm  unit  .is  irri- 
gable, the  irrigable  acreage  should  be  indicated  by  figures  enclosed 
within  a  circle  or  otherwise  designated.     The  irrigable  acreage  of 
private  lands  should  be  indicated  for  each  separate  40-acre  tract  or 

office  lot. 

13.  Changing  irrigable  acreages. — When  once  approved  by 
the  Secretary  of  the  Interior  the  irrigable  acreage  cannot  be  changed 
without  difficulty  and  embarrassment.     After  the  approval  of  plats 

.i  it  is  often  impossible  to  increase  the  irrigable  acreage  for  lands 
which  have  been  entered ;  accordingly  plats  showing  irrigable  acre- 
ages should  not  be  submitted  for  the  approval  of  the  Secretary 
until  after  careful  determination. 

14.  Application  for  resurveys. — Every  application  for  resur- 
vey  of  the  irrigable  area  of  a  farm  unit  or  private  land  holding 
covered  by  water-right  application  on  a  claim  of  error  in  the  area, 
shall  be  accompanied  by  a  deposit  in  the  sum  of  $25.     The  appli- 
cation shall  contain  a  stipulation  that,  in  case  it  be  found  in  the 


FARM-UNIT    PIvATS.  189 

judgment  of  the  project  manager,  that  the  irrigable  area  shown  on 
said  plat  is  incorrect  to  such  an  extent  as  to  justify  the  resurvey, 
the  deposit  shall  be  refunded,  but  that  if,  in  the  judgment  of  the 
project  manager,  such  resurvey  was  not  justified,  the  United  States 
shall  retain  such  amount  of  the  deposit  as  may  be  necessary  to  cover 
the  cost  of  the  resurvey,  the  balance,  if  any,  to  be  returned  to  the 
applicant. 

15.  Fractional  acreages. — Irrigable  acreage  of  both  public 
and  private  lands  should  be  given  to  the  nearest    hundredths  of 
acres.     Decimals  should  not  be  extended  beyond  two  places. 

16.  Official  areas. — When  the  irrigable  area  exceeds  by  two 
per  cent  or  more  the  official  area  shown  on  the  Land  Office  plat,  the 
actual  irrigable  area  should  be  noted  and  underscored.     When  the 
difference  is  less  than  two  per  cent  the  official  area  should  be  used 
(Affirmed  by  Secretary,  March  23,  1912,  case  of  J.  E.  Enman,  Kla- 
math  project,  Oregon.) 

17.  Topographic    features,  culture,  etc. — Principal  features 
such  as  large  rivers,  lakes,  etc.,  affecting  boundaries    should    be 
shown  on  the  plats,  and  also  the  lines  of  main  canals  and  main 
laterals.     The  location  of  principal  towns  and  railroads  should  also 
be  shown. 

18.  Areas  to  be  excluded. — In  cases  where  the  boundary  of  a 
farm  unit  is  the  line  of  a  railroad  or  of  canal  having  right  of  way 
granted  by  Act  of  Congress,  or  where  the  right  of  way  constitutes 
an  easement  only,  the  total  area  of  the  unit  should  be  computed  up 
to  the  center  line  of  the  right  of  way,  but  the  area  of  such  granted 
rights  of  way  included  within  the  farm  unit  should  be  excluded 
from  the  irrigable   area.     No  deduction    from   the    irrigable  area 
subject  to  water-right  charges  will  be  made  on  account  of  right  of 
way  for  highways  or  irrigating  ditches.      (First  Assistant  Secre- 
tary, June  4,  1910,  39  L.  D.,  2.)     Under  the  railroad  right-of-way 
act  of  March  3,  1875,  the  width  is  100  feet  on  each  side  of  the 
center  line.     The  general  irrigation-right-of-way  act  of  March  3, 
1891,  provides  for  right  of  way  to  the  extent  of  the  ground  occu- 
pied by  the  water  of  the  canal  and  its  laterals,  and  50  feet  on  each 
side  of  the  marginal  limits  thereof. 

19.  Rights  of  way  under  Act  of  Congress. — Where  right  of 
way  for  canals  or  laterals  has  been  reserved  of  indefinite  width,  as 
under  the  Act  of  August  30,  1890  (26  Stat.  L.,  391),  the  officer  will 
determine  the  width  to  be  recognized,  providing  fully  for  future 


190  RECLAMATION  SERVICE  MANUAL. 

operation  and  maintenance,  and  in  the  case  of  old  canals  acquired 
by  the  United  States,  giving  due  consideration  to  the  determination 
of  the  former  owners. 

20.  Statistics. — A  statement  should  appear  on  the  margin  or 
each  farm-unit  plat  giving  the  total  number  of  farm  units,  total 
area  and  total  irrigable  areas  of  public,  private,  railroad  and  State 
lands,  total  area  of  United  States  reserves,  etc.     Where  a  unit  in- 
cludes lands  in  two  townships  the  unit  should  be  counted  in  the 
township  containing  the  larger  proportion  of  the  area. 

21.  Forwarding  plats  to  Director. — As    soon    as    completed 
the  originals  or  copies  of  either  preliminary  or  final  plats  should  be 
forwarded  to  the  Director  'for  examination  and  approval  by  the 
Secretary. 

22.  Printing  and  distribution. — After  approval,  all  farm-unit 
plats  will  be  photolithographed  and  printed  in  standard  form,  a 
sufficient  edition  being  provided  to  allow  of  a  supply  being  kept  on 
hand  in  the  offices  of  the  supervising  and  project  managers  and  at 
the  Washington  Office,  where  copies  may  be  procured  by  intending 
settlers  and  others  at  the  nominal  price  of  10  cents  per  copy.     A  set 
of  plats  is  also  sent  to  the  water  users  association  when  approved. 

23.  Amendments,  applications  for  by  entrymen. — Every  ap- 
plication for  amendment  of  a  farm  unit  should  be  made  in  writ- 
ing, signed  by  the  applicant,  and  copy,  thereof  transmitted  to 
the  Director  with  report  and  recommendation  by  the  project 
manager,    through^  the  .--supervising    engineer,    with   his     recom- 
mendation.    If  no  objection  appears,  appropriate  recommendation 
for  amendment  of  the  farm  unit  in  accordance  with  the  report  of 
the  officer  will  be  submitted  to  the  Department.     The  General  Land 
Office  regards  the  amendment  of  the  farm  unit  in  such  cases  by  the 
authority  of  the  Secretary,  as  equivalent  to  an  authorization  for  a 
corresponding  amendment  of  the  entry.     The  entryman  desiring  to 
make  such  amendment  shall  submit  his  application  therefor  to  the 
project  manager  who  will  transmit  the  same  with  his  recommenda- 
tion through  the  proper  channels  to  the  Director,  who,  if  he  finds 
no  objection,  will  proceed  as  in  other  cases  of  proposed  amendments 
of  farm  units.     In  this  connection  it  is  desired  specially  to  emphasize 
the  necessity  for  care  in  recommending  amendments  which  would 
allow  relinquishment  of  undesirable  portions  of  farm  units,  thus 
leaving  available  for  re-entry  areas  which  are  unattractive.     It  is 
expected  that  the  general  policy  of  the  Reclamation  Act  will  be  fol- 


FARM-UNIT    PLATS.  191 

lowed  in  all  cases  so  that  each  farm  unit  will  contain  a  sufficient 
area  for  the  support  of  a  family,  or  that  the  land  released  is  of 
such  character  that  it  will  be  taken  up  either  by  itself  or  as  part 
of  another  tract.  Amendments  of  farm  units  by  the  inclusion 
therein  of  additional  lands  will  be  made  only  when  the  entire  area 
of  the  farm  unit  as  amended  represents  not  more  than  that  acreage 
which  may  be  reasonably  required  for  the  support  of  a  family  upon 
the  lands  in  question.  If  a  farm  unit  contains  such  an  acreage 
there  would  be  no  justification  for  its  amendment  by  the  inclusion 
of  any  additional  lands,  whether  non-irrigable  or  otherwise.  There 
is  no  objection  to  the  amendment  of  a  farm  unit  by  the  inclusion 
of  non-irrigable  land,  but  this  must  be  based  on  the  fact  that  the 
entire  tract,  including  the  irrigable  and  non-irrigable  area,  is  neces- 
sary for  the  support  of  a  family. 

24.  Amendments  occasioned  by   assignments. — Regulations 
governing  amendments  of  farm  units  occasioned  by  assignments 
of  homestead  and  desert-land  entries  are  published  in  General  Land 
Office  and  Reclamation  Service  Circular  approved  by  the  Depart- 
ment February  6,  1913,  paragraphs  32  to  37,  inclusive,  as  to  home- 
stead entries,  and  paragraphs  117  to  123,  inclusive,  as  to  desert- 
land  entries.     The  project  manager  will,  upon  receipt  of  applica- 
tion for  such  amendment,  if  approved  by  him,  prepare  diagram 
showing  the  new  farm  units  exactly  as  they  will  appear  on  the  farm- 
unit  plat  involved.     The  diagram  should  be  endorsed  at  the  bottom 

"Cancel  Farm  Unit    ,  Sec ,  and    substitute    therefor 

Farm  Units and ,  as  shown  above."    Below  this  the 

approval  of  the  project  manager  should  be  noted  as  follows : 

Approved  (date) , 

,  Project  Manager. 

25.  Relinquishment  of  part  of  farm  unit. — A  homestead  en- 
tryman  subject  to  the  Reclamation  Act  of  June  17,  1902  (32  Stat, 
388),  may  relinquish  a  part  of  his  farm  unit  and  have  the  payments 
which  had  been  made  on  the  relinquished    part    credited  on    the 
charges  against  the  retained  part,  provided  that  the  amendment  in 
question  may  be  allowed  without  jeopardizing  the  interests  of  the 
Government  in  the  collection  of  the  charges  against  the  portion  of 
the  tract  relinquished.     For  procedure  in  this  connection  see  Gen- 
eral Land  Office  and  Reclamation  Service  Circular  approved  Feb- 
ruary 6,  1913,  pars.  99-101.  /—See-  A  mend  menf 


192  RECLAMATION  SERVICE  MANUAL. 

FENCING  ON  OR  ACROSS  CANAL  RIGHT  OF  WAY. 

Authority  to  construct  fences  should  be  allowed  only  under  care- 
fully drawn  conditions  and  upon  approval  of  the  supervising  engi- 
neer. Fencing  or  interfering  with  the  use  and  occupation  of  rights 
of  way  reserved  to  the  United  States  by  the  act  of  August  30,  1890 
(26  Stat,  391),  or  obtained  in  other  ways,  is  illegal  and  proper  ac- 
tion will  be  taken  in  the  courts  when  such  action  is  taken  or  at- 
tempted. For  full  instructions  see  STRUCTURES  OVER  DITCHES 
AND  CANALS;  see  CONTRACTS,  PARS.  46-48. 

FIELD  PURCHASES. 

In  cases  where  it  is  necessary  for  managers,  superintendents,  fore- 
men and  others  to  make  a  direct  purchase  of  materials  and  supplies, 
they  should  request  the  party  of  whom  purchase  is  made  to  send  an 
invoice  with  the  shipment.  On  receipt  of  the  shipment,  the  articles 
received  should  be  checked  against  the  invoice  and,  if  all  the  articles 
listed  thereon  are  received  in  good  condition,  the  invoice  should  be 
stamped  with  the  invoice  receipt  stamp  and  signed,  account  numbers 
should  be  inserted  together  with  the  amounts  chargeable  to  each, 
and  the  invoice  should  be  mailed  to  the  project  office  for  the  neces- 
sary bookkeeping  entries  and  final  payment.  The  practice  of  making 
purchases  in  the  field  should,  however,  be  discouraged  as  much  as 
possible  and  at  all  times  should  be  confined  to  articles  needed  for 
immediate  use.  Where  such  purchases  are  made  from  farmers  or 
small  dealers,  it  may  not  be  possible  to  secure  invoices.  In  such 
cases  local  reclamation  invoice,  Form  7-700,  should  be  used. 

FLAGS,  DISPLAY  AND  CARE  OF. 

It  is  desired  that  the  national  colors  be  displayed  in  an  appropriate 
manner  at  all  field  headquarters  and  offices  and  all  important  or  per- 
manent camps,  and  upon  all  buildings  occupied  and  used  solely  by 
the  Reclamation  Service  for  office  and  administrative  purposes. 
Flags  can  be  had  upon  requisition  from  the  Director's  office.  There 
should  be  secured  for  the  use  of  each  of  the  camps  and  buildings 
falling  within  the  above  classification,  two  United  States  flags,  one 
large  and  one  small,  and  an  appropriately  equipped  staff  or  pole  for 
the  display  of  the  colors;  the  smaller  flag  (or  an  old  flag)  to  be  dis- 


V 

FUNDS,  PRIVATE,  ADVANCE  OF.  193 

played  during  windy  weather  and  the  larger  one  during  fair  and 
calmer  weather.  Flags  shall  be  displayed  only  during  regular  work- 
ing hours  and  on  working  days,  except  on  the  National  Memorial 
Day,  May  30  of  each  year,  when  the  flag  shall  be  displayed  during 
the  usual  hours,  at  half-staff.  The  flag  will  be  half-staffed  in  the 
usual  manner  by  raising  to  the  top  of  the  staff  and  lowering  to  a  po- 
sition about  half  way  between  the  center  and  top  of  staff.  Upon 
other  appropriate  occasions  the  flag  may  be  displayed  at  half-staff 
under  direction  of  the  engineer  in  charge.  During  extremely  windy 
or  stormy  weather  the  flag  will  not  be  displayed.  In  cases  where  an 
old  flag  of  the  larger  dimensions  is  on  hand  it  may  be  substituted 
for  use  as  a  storm  flag  in  place  of  the  smaller  flag  before  mentioned. 
The  hour  of  raising  and  of  lowering  and  housing  the  flag  each  day 
shall  be  designated  by  the  officer  .  in  charge.  Under  no  circum- 
stances should  the  flag  be  allowed  to  remain  indefinitely  on  the  staff 
or  pole  but  it  must  be  neatly  folded  and  put  in  a  suitable  place  each 
night.  The  officer  in  charge  of  each  office  or  camp  will  designate 
one  employee  whose  duties  shall  be  to  display  the  flag  in  accordance 
with  these  instructions,  and  to  properly  care  for  and  protect  the 
flags  furnished  for  use  at  such  office,  j 

FORMS,  USE  OF. 

Precautions  should  be  taken  to  keep  on  hand  a  stock  of  such  forms 
as  may  be  needed,  but  it  is  not  necessary  to  provide  for  exceptional 
cases.  The  use  of  any  particular  form  or  blank,  if  not  convenient, 
should  not  be  insisted  upon,  nor  should  important  work  be  delayed 
in  order  to  procure  the  exact  form  or  blank. 

FUNDS,  PRIVATE,  ADVANCE  OF. 

Personal  funds  should  not  be  used  to  pay  Government  obligations 
except  in  emergencies,  or  where  payment  is  demanded  by  the  mer- 
chant before  delivery  of  supplies  will  be  made.  Persons  in  a  travel 
status  may  use  private  funds  to  cover  personal  expenses  incident  to 
the  travel  status,  and  secure  reimbursement  upon  proper  vouchers 
when  covered  by  travel  orders. 

FURNISHING  INFORMATION  IN  THE  FIELD.    ;.''J* 

'        — i 

Statements  are  frequently  made  by  settlers  and  others  on  reclama- 
tion projects  that  field  men  of  the  Reclamation  Service  have  made 


Vis 


. 

1 


194  RECLAMATION  SERVICE  MANUAL. 

promises  that  have  not  been  fulfilled,  or  have  given  information 
which  was  not  correct.  In  order  to  guard  against  well-founded  com- 
plaints of  this  character,  all  field  men,  including  engineers,  instru- 
ment men,  and  assistants,  water-masters,  ditch-riders,  etc.,  are  ad- 
vised that  they  should  not  attempt  to  give  information  or  advice  to 
water  users  or  others  with  respect  to  the  work  in  hand  or  the  policy 
or  plans  of  the  Service.  It  is  expected  that  to  all  inquirers  courteous 
replies  will  be  given  to  the  effect  that  in  order  to  prevent  any  mis- 
understanding, an  order  has  been  issued  that  information  will  be 
given  out  from  the  project  ofuce  only.  The  person  making  the  in- 
quiry should  be  advised  to  write  to  the  project  engineer  or  Manager, 
stating  the  facts  and  asking  for  information  upon  the  desired  points. 

""GENERAL  CLASSIFICATION  BOOK  (FORMS  7-822 
AND  7-823). 

Insert  a  sufficient  number  of  pages  in  the  binder  to  cover  the  ac- 
count numbers  shown  in  the  account  number  book.  Number 
the  pages  serially,  except  the  first  two,  which  are  to  allow 
for  the  classification  of  account  numbers  0  to  9  inclusive. 
After  the  pages  have  been  numbered,  page  1  will  show  the  distribu- 
tion of  accounts  Nos.  10  to  19  inclusive;  page  45  of  accounts  Nos. 
450  to  459  inclusive,  etc.  In  this  way  each  account  may  be  readily 
found.  In  cases  where  certain  accounts  are  no  longer  active  by  rea- 
son of  the  completion  of  the  work  which  they  represent,  pages  for 
them  may  be  omitted.  At  the  end  of  the  month  all  items  forming  in- 
tegral parts  of  cost  data  will  be  distributed  in  this  book.  The  charge 
for  labor  will  be  taken  from  the  recapitulation  of  the  time  books. 
The  charge  for  articles  or  materials  furnished  by  storehouses  will 
be  taken  by  totals  from  the  requisitions  daily  and  a  percentage  for 
freight  charges  should  be  added  at  the  end  of  the  month,  unless  the 
expense  for  freight  is  directly  included  in  costs  of  articles  as  shown 
on  the  requisiton.  Other  charges,  such  as  direct  charges  from  the 
voucher  register,  power,  lumber,  cement,  shop  orders,  etc.,  will  also 
be  added  so  that  the  total  of  the  distribution  for  the  month  will  be 
the  total  of  the  cost-ledger  account  in  the  general  ledger  less  credits 
to  boarding-house,  or  mess  accounts,  and  accounts  of  a  similar  na- 
ture. In  order  to  avoid  journalizing,  credits  may  be  taken  up  on  this 
book  and  carried  to  the  proper  accounts  later.  Pencils  or  inks  of 
various  colors  may  be  used  to  enter  certain  classes  of  cost  data.  For 


GENERAL  EXPENSE.,  CLASSIFICATION  OF.  195 

instance,  black  ink  or  pencil  for  issues  of  various  kinds ;  green  ink  or 
pencil  for  services ;  purple  ink  or  pencil  for  corrals,  etc.  This  plan 
may  frequently  save  much  time  in  tracing  charges.  Another  plan 
will  be  to  divide  the  pages  of  the  classification  book  into  sections  ex- 
plained by  a  note  on  the  title  page  as  follows :  Requisitions  entered 

on  lines  one  to .     Feature  transfers  entered  on  lines 

to  —  — .  All  other  entries  on  remaining  lines.  No  lines  need  be 
drawn  dividing  the  sections  as  the  note  on  the  title  page  will  suffice. 
General  entries  should  bear  proper  notation  by  using  appropriate  in- 
itials according  to  where  amounts  are  posted  from.  A  sufficient 
number  of  pages  of  the  Statement  of  controlling  charges,  Form 
7-823,  should  be  placed  in  the  front  and  back  of  the  binder  that  an 
account  can  be  kept  with  all  liability  controlling  accounts  in  the  front 
of  the  book,  and  all  asset  controlling  accounts  in  the  back  of  the 
book.  In  the  case  of  contract  estimates  and  holdbacks  these  ac- 
counts will  be  credited  in  the  front  of  the  book  and  the  feature  on 
which  the  work  was  performed  will  be  debited  to  account  numbers. 
An  account  should  also  be  kept  in  the  classification  book  each  month 
with  each  of  such  issuing  departments  as  storehouses  and  mercan- 
tile stores  on  Form  7-823,  in  order  that  the  project  offices  may  be 
fully  informed  as  to  existing  conditions.  Enter  every  day,  oppo- 
site the  proper  date,  from  the  office  copies  of  the  requisition  blanks, 
according  to  account  numbers,  the  money  value  of  the  issue  of  such 
departments.  A  recapitulation  of  these  daily  issues  or  sales  should 
be  kept  on  a  blank  page  of  the  book  (Form  7-823)  so  that  on  each 
day  the  office  may  know  the  total  money  value  of  the  stock  on  hand, 
and  be  able  to  check  up  the  clerks  in  charge,  without  waiting  until 
the, end  of  the  month.  In  entering  the  amounts  by  account  num- 
bers from  the  requisition  blanks  care  should  be  taken  to  see  that  the 
total  of  the  amounts  entered  equals  the  total  of  all  the  requisition 
slips  for  a  particular  day's  business. 

GENERAL  EXPENSE,  CLASSIFICATION  OF. 

1.  Recording  and  reporting  general  expense. — The  following 
classification  of  general  expense  is  to  be  used  in  recording  and  re- 
porting this  class  of  costs.  This  classification  should  be  used  in  re- 
porting on  Form  7-834 ;  the  items  chargeable  to  the  various  headings 
should  be  omitted. 


196  RECLAMATION  SERVICE  MANUAL. 

(1)  Salaries,  engineering. — Salaries  and  wages  of  project 
engineer,  superintendent  of  irrigation,  engineers,  draftsmen, 
hydrographers,   computers,   stenographers   and   typewriters 
whose  duties  are  primarily  assisting  any  of  the  foregoing. 

(2)  Salaries,    clerical. — Salaries    and    wages    of     chief 
clerks,  bookkeepers,  special  fiscal  agents,  purchasing  agents, 
file  clerks,  voucher  clerks,  payroll  clerks,  stenographers  as- 
sisting any  of  the  above,  special  charges  account  salaries  and 
expenses  of  traveling  inspectors  when  made  against  project, 
charges  by  Director's  office  for  special  work,  as  preparing 
special  statements  for  project. 

(3)  Salaries,  legal. — Salaries  and  wages  of  examiners, 
their  assistants,  stenographers,  cost  of  special  legal  advice. 

(4)  Leave,  sick  and  annual. — Salaries  and  wages  of  em- 
ployees while  away  from  duty  on    sick    or    annual    leave 
granted  in  accordance  with  Civil  Service  law  and  regulations. 
(Earnings  of  employees  on  Sundays  and  holidays  are  not  to 
be  included  in  this  account). 

( 5 )  Travel. — All  travel  expenses  which  are  not  chargeable 
to  particular  features,  including  actual  expenses,  per  diem  in 
lieu  of  actual  expenses,  transportation  requests. 

(6)  Stationery. — All  charges   for  stationery  purchased, 
requisitioned  from  the  Director's  office,  printing  of  blanks, 
books,  lead  pencils,  pens,  pins,  ink,  typewriter  ribbons,  cards, 
blotters,  blue  print  paper,  carbon  paper,  dating  stamps  and 
ribbons,  drawing  paper,  envelopes,  erasers,  rubber  and  steel, 
ink  stands,  mucilage,  paper  fasteners,  postage  stamps   for 
registered  mail,  tracing  cloth,  and  all  other  similar  expend- 
able articles. 

(7)  Livery. — Proportion  of  corral  expense  based  on  use 
of  horses,  hire  of  automobiles,  motor  cycles,  repairs  to  auto- 
mobiles, motor  cycles  and  bicycles  owned  by  the  Govern- 
ment, shoeing  and  cost  of  feeding  horses  exclusively  kept  for 
use  of  headquarters  employes. 

(8)  Telephone. — Rentals,  tolls,  salary  of  operator. 

(9)  Office  supplies  and    expense.— This    account    to    be 
charged  with  rent  of  project  office  buildings,  cost  of  all  fuel, 
light,  janitor  service,  towel  supply,  laundry  of  towels,  soap, 
water  and  ice  used  in  office. 

(10)  Settlement. ^Free    meals    to    prospective  settlers, 
services  of  Government  teams  and  drivers,  cost  of  special 
courtesies  extended  to  visitors,  as  representatives  of  the  Sec- 
retary's office,  Director's  office,  Congressional  Committees, 
State  officials,  representatives  of  foreign  countries,  delega- 
tions of  newspaper  correspondents.     (This  is  not  to  be  con- 
sidered as  granting  authority  for  such  courtesies,  but  indi- 


GENERAL,  EXPENSE,   CLASSIFICATION   OE.  197 

cates  the  method  of  charging  the  expense  when  properly  in- 
curred. ) 

(11)  Photography. — Salaries   and   wages   of   employees 
engaged  in  exposing  and  developing  negatives,  printing  pic- 
tures, cost  of  photographic  supplies,  photographs  purchased, 
charges  for  photographic  laboratory  Director's  office,  photo- 
graphic job  work  secured,  mounting  or  framing. 

(12)  Repairs  to  office  buildings. — All  expense  for  salaries, 
wages,  materials  and  supplies  incurred  in  repairing  project 
office  building. 

(13)  Furniture  and  fixtures,  depreciation  of. — Deprecia- 
tion charges  either  monthly  or  annually  covering  wear  and 
tear  on  office  furniture  and  equipment. 

(14)  Camp  maintenance   {headquarters). — Labor,  serv- 
ices of  animals,  and  supplies  used  in  the  general  upkeep  of 

the  grounds,  roads,  walks,  shrubbery,  etc.,  about  the  project 
office. 

(15)  Proportion      transportation     office. — Amount      of 
monthly  charge  for  project  proportion  of  transportation  of- 
fice at  Chicago,  transferred  from  Director's  office. 

(16)  Director's  office  expense. — Project  proportion  of  ex- 
pense of  the  Director's  office. 

(17)  Expert  engineering. — All  charges  which  cannot  be 
made  direct  to  features  for  consulting  engineer's  services, 
electrical  engineer's    office,    and   expenses    for   engineering 
boards  on  special  work. 

(18)  Supervising  engineers  office  expense. — Proportion 
charged  to  project  by  supervising  engineer  to  cover  salaries 
and  expenses  of  supervising  engineer's  office. 

(19)  Injuries  under  act  of  May  30,  1908. — Amounts  paid 
as  compensation  arising  out  of  and  by  virtue  of  the  act  of 
May  30,  1908,  granting  to  certain  classes  of  artisans  and  la- 
borers employed  by  the  United  States  the  right  to  receive 
compensation  for  injuries  sustained  in  the  course  of  their 
employment. 

(20)  Service  cooperative  insurance. — The  amount  of  all 
annual  assessments  against  projects  as  proportion  of  fire 
losses  incurred. 

2.  The  general  expense  on  projects  shall  be  distributed  each 
month  to  the  physical  or  functional  features  based  upon  the  ratio 
that  the  cost  ledger  charge  during  the  month  bears  to  the  total  of 
the  cost  ledger  charges  for  the  project.  No  accumulation  of  undis- 
tributed general  expenses  shall  be  made  in  the  project  books,  ex- 
cept on  dormant  projects. 


198  RECLAMATION  SERVICE  MANUAL. 

GOVERNMENT   EMPLOYEES   MUTUAL   RELIEF 
ASSOCIATION. 

The  Government  Employees  Mutual  Relief  Association  is  a  co- 
operative association  composed  of  male  employees  of  the  Reclama- 
tion Service  and  other  similar  federal  services  to  provide  for  indem- 
nity for  loss  of  salary,  medical  and  burial  expenses  in  cases  of  ill- 
ness, accident  or  death.  It  is  carried  on  along  practical  and  conserv- 
ative lines.  Employees  of  the  Service,  and  especially  those  outside 
of  the  Washington  office,  should  inform  themselves  fully  as  to  the 
purposes  of  the  association,  with  a  view  of  becoming  members.  In 
the  past  when  death  or  sickness  has  occurred  among  members  of  the 
Service  in  the  field,  it  has  been  frequently  necessary  for  friends  in 
the  Service  to  contribute  the  necessary  expenses,  and  such  contribu- 
tions have  fallen  heavily  on  those  but  little  able  to  bear  them.  The 
chief  purpose  of  the  association  is  to  eliminate  entirely  any  possible 
need  for  further  contributions  of  this  kind.  It  is  a  duty,  therefore, 
of  every  man  in  the  Service,  whose  sickness  or  death  may  entail  this 
burden  upon  his  fellows,  to  provide  against  it  by  becoming  a  member 
of  the  Relief  Association.  The  employe  who  will  not  provide  for 
the  future  in  this  or  some  other  way  has  no  moral  claim  on  members 
of  the  Service  when  sickness  or  necessity  for  financial  aid  occurs 
The  dues  are  $12  per  year,  payable  semi-annually  in  advance,  with 
special  provisions  for  payment  monthly  by  those  who  are  not  em- 
ployed on  annual  salary.  The  benefits  are  as  follows  :  $2  per  day  for 
loss  of  time,  while  not  drawing  salary.  The  limit  of  this  benefit  is 
$150  in  any  period  of  twelve  months.  The  sick  benefits  are  doctors' 
fees  not  exceeding  the  rate  of  $28  per  week.  For  surgical  opera- 
tions, when  necessary,  in  addition,  according  to  a  scale  such  as  is 
followed  by  accident  insurance  companies ;  medicine,  $5  a  week ;  hire 
of  nurses,  $25  a  week;  hospital  expenses  $15  per  week;  special  ex- 
penses due  to  the  disablement,  $50,  the  total  under  this  provision  not 
to  exceed  $300  in  any  twelve  months.  In  case  of  death,  $200  will  be 
paid  to  the  beneficiary,  and  when  death  occurs  away  from  the  local- 
ity designated  as  place  of  burial  an  additional  sum  equal  to  the  actual 
and  necessary  expense  of  transporting  the  body  to  the  designated 
place  o*f  burial,  not  to  exceed  $100. 

A  proviso  in  the  act  approved  August  15,  1911  (37  Stat,  16), 
relative  to  health,  accident,  and  life  insurance  companies  in  the 


GOVERNMENT   FORCES,   WORK   DONE   BY.  199 

District  of  Columbia,  exempts  from  its  requirements  associations 
composed  solely  of  employees  of  the  United  States. 

GOVERNMENT  FORCES,  WORK  DONE  BY. 

Work  done  on  reclamation  projects  shall  be  designated  in  all  cases 
as  done  either  by  contract  or  by  Government  forces.  The  expression 
"force  account"  should  not  be  used,  as  it  has  no  well  denned  mean- 
ing, in  some  places  being  used  to  designate  work  done  by  the  employ- 
ment of  men  and  teams,  and  in  other  cases  relates  to  work  done  by 
contractor's  forces  outside  of  the  terms  of  the  contract,  which  is 

also  sometimes  referred  to  as  extra  work. 

I 

HOSPITAL  FEES. 

Deductions  from  pay,  par.  1. 

Deductions  not  to  be  made  when,  par.  2. 

Physicians,  employment  of,  par.  5. 

Projects  on  operation  and  maintenance  basis,  etc.,  par.  3. 

Vouchers,  par.  6. 

Waivers  of  hospital  benefits,  par.  4. 


Y 


1.  Deductions  from  pay. — During  the  construction  work  on 
a  project  where  the  employees  are  quartered  in  a  centralized  camp 
or  consist  mainly  of  transient  laborers,  at  least  $1.00  per  month 
shall  be  deducted  from  the  pay  of  all  laborers,  or  other  employees, 
who  desire  to  avail  themselves  of  the  opportunity,  for  hospital  ser- 
vice, the  services  of  a  physician  or  nurse  and  the  purchase  of  medi- 
cine.     Either  contracts  of   employment,   including  provisions   for 
these  deductions  shall  be  used  or  notices  that  such  deductions  will 
be  made  shall  be  posted  in  camp.     (See  EMPLOYEES,  PAR.  26.) 

2.  Deductions  not  to  be  made  when. — During  construction 
work  where  the  employees  are  scattered  over  a  large  area  in  small 
parties  consisting  largely  of  local  people  who  have  homes  of  their  I 
own,  no  deductions  shall  be  made  from  their  pay,  and  they  shall 
be  notified  at  the  time  of  their  employment  that  no  deductions  will 
be  made  for  medical  and  hospital  services  and  that  no  liability  to 
furnish  such  services  shall  attach  to  the  United  States,  and  notices  h 
to  that  effect  shall  be  posted  in  conspicuous  places. 

3.  Projects  on  operation  and  maintenance  basis,  etc. — On 


a 


200  RECLAMATION  SERVICE  MANUAL. 

projects  nearly  completed  or  running  on  an  Operation  and  Main- 
tenace  basis,  no  deductions  shall  be  made,  except  as  stated  below, 
and  notices  to  the  effect  that  no  deductions  will  be  made  for  medi- 
cal or  hospital  service  and  no  liability  to  furnish  such  services  shall 
attach  to  the  United  States  shall  be  posted.  When  repair  work  on 
a  large  scale  or  drainage  work  is  undertaken  on  the  completed  pro- 
jects, and  laborers  are  employed  in  large  numbers  in  a  centralized 
camp,  the  rule  of  deducting  $1.00  per  month  to  cover  medical  at- 
tention shall  obtain  as  under  construction  work.  Each  man  shall 
be  notified  of  this  deduction  when  hired,  notices  posted  in  head- 
quarters camps  and  arrangements  made  with  some  local  physician 
to  attend  the  sick  and  injured. 

4.  Waivers  of  hospital  benefits. — Men  who  may  be  suffering 
some  slight  physical  disability,  as  for  instance  hernia,  should  not 
be  employed  with  a  requirement  that  they  sign  waivers  to  hospital 
benefit  or  the  right  to  claim  compensation  on  account  of  said  de- 
fect.    It  is  practically  impossible  to  refuse  a  man  the  benefit  of 
hospital  service  on  account  of  a  disease  for  which  he  has  signed  a 
waiver  if  deductions  have  been  made  from  his  salary  for  hospital 
services,  not  only  because  of  the  ill  effect  upon  the  other  men,  but 
also  on  the  ground  of  humanity,  as  a  man  who  may  be  sick  cannot 
be  shipped  out  of  camp  to  take  care  of  himself  with  perhaps  no 
resources  of  any  kind  to  depend  upon. 

5.  Physicians,   employment  of. — Physicians    should   not   be 
employed  by  contract  unless  absolutely  necessary  by  reason  of  the 
fact  that  the  Civil  Service  Commission  is  unable  to  furnish  eligibles. 

6.  Vouchers. — Vouchers  for  payments  to  physicians  which 
provide  for  compensation  based  on  the  amount  of  deductions  made, 
should  give  the  numbers    of  payrolls,    service    vouchers,  etc.,  on 
which  deductions  were  made  and  the  total  amount  on  each  of  such 
vouchers  should  be  shown. 

INDIAN  IRRIGATION. 

1.  General  statement. — Under  an  agreement  between  the  Of- 
fice of  Indian  Affairs  and  the  Reclamation  Service  certain  irrigation 
work  on  Indian  reservations  authorized  by  Congress  and  provided 
for  in  appropriations  under  the  control  of  the  Indian  Office  has 
been  done  by  the  Reclamation  Service.  By  the  terms  of  the  agree- 


INJURIKS,    COMPENSATION    FOR.  201 

ment  the  Reclamation  Service  does  the  work,  pays  all  accounts 
from  the  reclamation  fund  and  pursues  the  same  course  in  handling 
the  accounts  covering  expenditures  as  on  Reclamation  Service  pro- 
jects, the  cost  is  reimbursed  to  the  Reclamation  fund  by  transfer 
from  the  proper  Indian  appropriations. 

2.  Methods  of  accounting. — At  the  end  of  each  month  after 
the  accounts  have  been  closed,  an  analyzed  statement  on  the  trans- 
fer claim,  Form  7-464,  covering  all  charges  to  the  cost  ledger  ac- 
counts and  showing  the  actual  cost  for  doing  the  work  for  the 
Indian  Service  is  prepared.  The  net  results  for  operating  the  mess 
houses  and  mercantile  stores  is  to  be  added  or  deducted  from  the 
total  figures  on  this  statement.  Then,  before  preparing  the  monthly 
balance  sheet,  a  journal  voucher  is  made  out  and  posted  to  the 
various  accounts  as  follows :  "Building  charges  repayments"  is 
credited  with  the  cost  of  doing  the  work  as  shown  on  the  statement 
on  Form  7-464  and  "Uncollected  building  charge  repayments"  is 
debited  with  the  same  amount.  The  net  results  of  operating  the 
mess  houses  and  mercantile  stores  is  closed  out,  debiting  or  credit- 
ing "Uncollected  building  charges  repayments"  with  the  several 
amounts.  Three  memorandum  copies  of  the  Indian  Office  collec- 
tion claim  is  mailed  to  the  Director's  office.  The  Reclamation  fund 
is  reimbursed  by  the  issuance  of  proper  warrants  after  settlement 
of  the  account  by  the  auditor's  office  and  one  memorandum  copy 
of  the  claim  is  returned  to  the  project  office.  On  receipt  of  the 
memorandum  copy  of  collection  claim  in  the  project  office,  "Un- 
collected building  charge  repayments"  should  be  credited  and  "Col- 
lection vouchers"  debited  with  the  amounts  shown  thereon. 

INJURIES,    COMPENSATION   FOR,    UNDER   ACT   OF 
MAY  30,  1908. 

Affidavits  required,  par.  10. 

Authority  for  payment  of  claim,  par.  11. 

Certificate  of  disability,  par.  12. 

Claims  for  compensation,  par.  7. 

Compensation  continues  notwithstanding  completion  of  work,  par. 

16. 

Comptroller's  decisions  of  interest,  par.  22. 
Continuation  of  compensation,  par.  14. 


202  RECLAMATION  SERVICE  MANUAL. 

Death  from  injury,  par.  4. 

Deductions  from  payments,  par.  17. 

Discontinuance  of  payments,  par.  15. 

Evidence  filed  with  claim,  par.  8. 

Immediate  report  of  injury,  par.  3. 

Indian  reservations,  par.  5. 

Lahontan  rules,  par.  21. 

Law,  par.  1. 

Payment,  par.  13. 

Physical  examination,  par.  18. 

Physical  examination  on  leaving  the  project,  par.  19. 

Posting  warning  notices,  par.  20. 

Procedure  in  case  of  death,  par.  9. 

Regulations,  par.  2. 

Termination  of  disability,  par.  6. 

1.  Law.— The  act  of  Congress  approved  May  30,  1908  (35 
Stat,  556)  grants  to  certain  classes  of  artisans  and  laborers  em- 
ployed by  the  United  States  the  right  to  receive  compensation  for 
injuries  sustained  in  the  course  of  their  employment.     For  text  of 
this  law,  see  page  529. 

2.  Regulations. — Copies  of  "Notice  of  Right  to  Compensa- 
tion" (Form  C.  A.  -20a),  which  should  be  framed  under  glass  and 
placed  in  a  conspicuous  place,  and  "Compensation  to  Injured  Gov- 
ernment Employees,"  issued  by  the  Department  of  Labor,   have 
been  sent  to  all  project  offices.     All  responsible  employees  con- 
nected with  construction  work  should  make  themselves   familiar 
with  these  regulations.     Attention  is  particularly  called  to  para- 
graphs 22,  23,  and  24,  which  give  the  approving  officer  greater  lati- 
tude than  heretofore.     Payments  are  now  made  upon  the  certificate 
of  the  claimant  that  he  is  unable  to  resume  work  approved  by  his 
superior  officer.     The  approving  officer  should  have    a  personal 
knowledge  of  the  merits  of  the  case,  or  be  governed  by  paragraphs 
22,  23,  and  24. 

3.  Immediate  report  of  injury. — When  injuries  are  of  such 
a  nature  as  to  prevent  performing  labor  for  one  or  more  days,  a 
report  in  duplicate  (Form  C.  A.,  -Ib)  should  be  made  by  the  official 
superior  having  personal  knowledge  of  the  facts,  not  later  than  the 
second  day  after  the  occurrence  of  the  injury,  and  sent  at  once  to 


INJURIES,    COMPENSATION    FOR.  203 

the  Director's  office  for  transmission  to  the  Secretary  of  Labor. 
The  description  should  contain  all  pertinent  facts  to  enable  the  Sec- 
retary of  Labor  to  determine  the  question  of  negligence  and  mis- 
conduct, and  definite  statements  should  be  made  in  answer  to  each 
question.  Although  the  Act  applies  only  to  artisans  and  laborers, 
reports  of  accidental  injury  and  termination  of  disability  should  be 
made  in  the  case  of  any  civilian  employee,  in  order  to  secure  com- 
plete and  accurate  statistical  information  in  regard  to  accidents 
among  all  classes  of  civilian  employees.  An  additional  statement 
should  be  obtained  from  the  foreman  under  whom  the  man  worked, 
as  to  whether  the  injury  was  caused  by  the  employee's  violation  of 
any  rule  or  custom  known  to  him1.  There  should  also  be  obtained 
from  the  witnesses  to  the  accident  whose  names  appear  in  the  re- 
port, a  full  statement  in  writing  of  the  circumtsances  attending  the 
accident.  These  statements  should  be  filed  in  the  project  office  for 
future  reference. 

4.  Death  from  injury. — Immediately  following  a  death  re- 
sulting from  an  injury  received  in  the  course  of  the  employment, 
report  in  duplicate  should  be  made  (Form  C.  A.,  -3a).     Reason- 
able effort  should  be  made  by  the  engineer  in  charge  to  inform  such 
persons  as  may  be  entitled  to  compensation  on  account  of  the  death 
of  an  employee,  that  if  they  desire  to  make  claim  for  such  com- 
pensation, the  claim  and  affidavit  required  by  the  act  must  be  filed 
with  the  Secretary  of  Labor  within  ninety  days  after  death.     An 
affidavit  and  claim  filed  with  the  superior  officer  in  accordance  with 
instructions  promulgated  by  the  Secretary  of  Labor,  is  held  to  con- 
stitute a  filing  with  the  Secretary  of  Labor  within  the  meaning  of 
the  Act.     Where  the  name  and  address  of  a  possible  claimant  are 
known,  the  proper  blanks  should  be  sent  promptly.     In  case  of  a 
foreigner,  the  consular  officer  nearest  the  project,  representing  the 
country  of  the  deceased,  should  be  requested  to  locate  the  relatives. 

5.  Indian  reservations. — Where  accidents  or  injuries  to  em- 
ployees working  on  Indian  reservations  under  Reclamation  officers 
are  reported,  a  notation,  "Reclamation  Service,  for  Office  of  Indian 
Affairs,"  should  be  added  on  each  report. 

6.  Termination  of  disability. — Immediately  upon  termination 
of  disability  of  an  employee  whose  injury  has  been  reported,  such 
fact  should  be  reported  on  Form  C.  A.,  -2b,  in  duplicate. 

7.  Claims  for  compensation. — When,  through  an  accidental 


204  RECLAMATION  SERVICE  MANUAL. 

injury,  an  artisan  or  laborer  has  been  disabled  more  than  fifteen 
days,  and  believes  himself  entitled  to  compensation,  he  should  be 
furnished  with  Form  C.  A.,  -4b,  upon  which  to  make  claim  for  com- 
pensation, and  his  attention  called  to  the  provisions  of  the  com- 
pensation act.  This  claim,  in  duplicate,  filled  out  and  supported 
by  certificates  from  a  duly  qualified  physician  and  the  official  su- 
perior, should  be  forwarded  to  the  Director's  office.  If  the  su- 
perior officer  desires  to  report  any  further  facts,  he  will  forward 
such  additional  statement  with  the  claim.  The  act  requires  the 
claim  to  be  filed  within  a  reasonable  period  after  the  15  days'  in- 
capacity. What  is  a  reasonable  time  necessarily  depends  on  the 
facts  in  each  case,  but  a  period  of  six  months  will  be  presumed  un- 
reasonable except  in  cases  of  the  most  convincing  showing  that  it 
was  not  so  in  the  particular  case. 

8.  Evidence  filed  with  claim. — When  a  claim  for  compensa- 
tion is  filed,  if  there  is  any  question  as  to  the  justice  thereof,  all 
evidence  bearing  on  the  case,  including  the  statements  of  eyewit- 
nesses and  foremen,  should  be  assembled  and  submitted  to  the  local 
examiner  for  review  to  determine  if  the  statements  are  consistent, 
clear,  and  complete.     The  merits  of  each  case  are  determined  solely 
upon  the  evidence  submitted,  therefore  the  data  presented  must  be 
as  complete  as  possible  and  such  that  a  correct  decision  can  be  de- 
duced therefrom. 

9.  Procedure  in  case  of  death. — Each  person  entitled  to  share 
in  compensation  on  account  of  the  death  of  an  injured  employee 
must,  within  ninety  days  after  the  death,  file  with  the  Secretary  of 
Labor  his  claim  on  Form  C.  A.,  -16b,  accompanied  by  a  physician's 
certificate  of  death  and  a  certificate  of  the  official  superior  of  the 
deceased. 

10.  Affidavits  required. — Claims  for  compensation  on  account 
of  disability  or  death  require  verification  by  affidavit.     These  may 
be  made  before  United  States  commissioners,  clerks  of  courts,  or 
other  officers  empowered  to  administer  oaths.     When  before  no- 
taries public,  the  notarial  seal  should  not  be  omitted. 

11.  Authority  for  payment  of  claim.— Approval  by  the  Sec- 
retary of  Commerce  and  Labor  of  claim  for  compensation  on  ac- 
count of  injury  (Form  C.  A.,  -5c)  will  be  reported  to  project  man- 
agers, and  such  approval  will  be  sufficient  authority  for  the  special 
fiscal  agent  to  pay  the  claim.     Approval  of  claim  for  compensation 
on  account  of  death  (Form  C.  A.,  -17a)  will  be  similarly  reported. 


INJURIES,    COMPENSATION    EOR.  205 

12.  Certificate  of  disability. — Each  payment  of  compensation 
on  account  of  injury  shall  be  based  upon  a  certificate  of  disability 
(Form  C.  A.,  -7a),  signed  by  the  claimant  and  approved  by  the 
claimant's  superior  officer.     If  the  claimant's  superior  officer  is  un- 
able to  satisfy  himself  that  the  claimant  was  unable  to  resume  work 
for  any  period  for  which  compensation  is  claimed,  he  may  require 
that  the  claimant  submit  a  certificate  from  a  duly  authorized  medi- 
cal practitioner  showing  the  continuance  of  the  inability  to  resume 
work.     If  the  official  superior  still  refuses  to  approve  the  claim 
on  the  ground  that  the  incapacity  has  ceased,  the  claimant  has  the 
right  to  refer  the  matter  again  to  the  Secretary  of  Labor.     Only 
one  certificate  of  disability  is  required  to  be  filed  with  the  voucher. 

13.  Payment. — A  claimant  should  be  paid  on  the  same  basis 
regarding  Sundays  and  holidays  as  though  he  continued  to  be  em- 
ployed.    Payment  should  be  made  on  service  vouchers,  canceling 
the  printed  certificate  of  service  and  substituting  therefor: 

Approved  in  accordance  with  order  of  the  Secretary  of 

Labor,  dated   ,   . .  . . ,  under  Act  of 

May  30,  1908,  in  pursuance  of  certificate  of  disability  hereto 
attached. 

In  case  payment  is  made  for  Sundays  and  legal  holidays,  the  fol- 
lowing should  be  added  to  the  certificate : 

Other  employees  of  the  same  class  and  employed  at  the 
same  place,  were  required  to  and  did  work  on  Sundays  and 
legal  holidays. 

The  voucher  should  be  approved  by  the  supervising  engineer  or 
his  duly  authorized  representative.  All  payments  under  this  Act 
must  be  made  to  persons  entitled  thereto,  and  assignments  are  in- 
valid. 

14.  Continuance  of  compensation. — If  the  disability  exceeds 
six  months,  a  second  medical  examination  is  required  by  physicians 
appointed  by  the  Secretary  of  Labor,  application  for  such  exami- 
nation being  made  on  Form  C.  A.,  -8.     While  section  5  of  the  Act 
of  May  30,  1908,  confers  upon  the  Secretary  of  Labor  authority  to 
order  a  second  medical  examination,  the  service  may  in  its  dis- 
cretion employ  a  physician  to  make  an  examination  of  the  claim- 


206  RECLAMATION  SERVICE  MANUAL. 

ant,  and  his  conclusions  in  the  case  may  be  weighed  against  the 
certificates  and  affidavits  filed  by  the  applicant. 

15.  Discontinuance  of  payments. — When  payments  on  ac- 
count of  injury  have  been  discontinued  on  account  of  recovery,  ex- 
piration of  period,  death,  or  attainment  of  age  of  sixteen  by  the 
beneficiary,  a  report  (Form  C.  A.,  -15a)  in  duplicate  should  be  for- 
warded to  the  Director's  office  for  transmission  to  the  Secretary 
of  Labor. 

16.  Compensation  continues  notwithstanding  completion  of 
work. — The  completion  of  the  work  does  not  affect  the  right  of 
the  injured  employee  to  receive  compensation  at  the  same  rate  of 
pay  as  he  would  have  received  if  he  had  continued  to  be  employed. 
The  right  to  the  same  pay  as  if  he  continued  to  be  employed  in- 
cludes the  right  to  any  change  in  the  pay  attached  to  the  injured 
person's  position  made  after  the  injury    and  during    incapacity 
What  would  be  the  "same  pay"  in  individual  cases  is  a  matter  to  be 
determined  by  the  project  manager. 

17.  Deductions  from  payments. — During  the  period  for  which 
compensation  is  granted,  deductions  should  be  made  from  the  com- 
pensation payments  for  any  subsistence  and  supplies  furnished  an 
injured  employee  by  the  United  States  in  the  same  manner  as  when 
regularly  working.     The  only  exception  to  this  rule  is  in  the  case 
of  an  employee  who  is  a  patient  in  a  hospital  operated  by  the  United 
States,  when  his  subsistence  at  the  hospital  would  be  covered  by  the 
hospital  fee  paid  or  deducted  prior  to  injury.     There  should  be  no 
deduction  for  hospital  fees  from  compensation  payments  under  the 
Act  of  May  30,  1908. 

18.  Physical    examination. — A    brief    physical    examination 
should  be  given  to  each  laborer  who  presents  himself  for  employ- 
ment on  any  of  the  projects  where  a  physician  is  employed,  to  de- 
termine whether  he  is  in  a  fit  physical  condition  to  undertake  the 
work  assigned  him,  or  if  he  shows  symptoms  of  some  disease  likely 
to  disable  him  easily.     In  the  latter  case  his  application  for  employ- 
ment should  be  rejected.     The  practice  adopted  in  some  cases  of 
accepting  applicants  who  file  a  waiver  of  claim  to  medical  and  hos- 
pital attention  on  that  account  should  be  discontinued.     No  waiver 
of  his  right  to  claim  and  receive  compensation  under  the  terms  of 
the  Act  of  May  30,  1908,  can  be  effective  as  this  is  prohibited  by 
the  Act. 

19.  Physical  examination  on  leaving  the  project.— In  cases 


INJURIES,    COMPENSATION    EOR.  207 

of  men  who  have  been  injured  but  have  not  made  claim  for  com- 
pensation, and  who  intend  to  leave  the  project,  an  examination 
should  be  made  by  the  project  physician,  or  some  other  if  there  is 
no  project  physician,  so  that  the  service  will  be  fortified  in  case 
claim  for  disability  is  submitted  later  and  attributed  to  an  injury 
received  on  the  project. 

20.  Posting  warning  notices. — Cautionary  notices  should  be 
prominently  posted  and  kept  posted.     When  many  of  the  laborers 
are  unable  to  read  English,  the  orders  should  be  printed  also  in  such 
other  language  or  languages  as  may  be  appropriate.     If  orders 
are  issued  not  to  do  certain  acts  the  Department  of  Labor  considers 
it  necessary  to  show  that  the  orders  have  been  habitually  enforced. 
The  mere  issuance  of  an  order  without  following  it  up  by  strict 
enforcement  does  not  relieve  the  service  from  responsibility.     It 
must  be  shown  that  the  order  was  not  ignored  or  treated  as  a  dead 
letter. 

21.  Lahontan  rules. — A  set  of  rules  has  been  posted  at  La- 
hontan  Dam  which  seem  to  cover  the  field  of  possible  accidents. 
Similar  rules  should  be  posted    on  other    projects,    appropriate 
changes  or  modifications  being  made  to  suit  local  conditions,  and 
should  be  diligently  enforced.     The  following  are  the  Lahontan 
rules : 

(1)  Where  bodily  injury  occurs  in  consequence  of  negli- 
gence or  of  disobedience  of  regulations  and  exposure  of 
person  to  recognized  danger,  no  compensation  can  be  made 
under  the  law  of  May  30,  1908. 

(2)  All  employees  are  hereby  placed  on  notice  that  no 
claim  upon  the  Government  on  account  of  personal  injury 
will  be  approved  by  the  project  office  when  such  injury  re- 
sults -from  disregard  or  evasion  of  the  ordinary  rules  of  pru- 
dence or  from  violation  of  the  following  orders : 

(3)  No  person  shall  touch  or  handle  any  electric  motor, 
transformer,  transmission  wire,  controlling  device,  or  any 
other  electric  appliance  whatever,  unless  such  handling  is 
required  of  him  by  his  assigned  duties,  in  which  case  he  shall 
observe  all  usual  precautions  of  safe  practice  according  to 
the  instructions  of  the  Superintendent  in  charge. 

(4)  No  person  other  than  authorized  employees,  riggers 
and  operators,  is  allowed  to  ride  the  cableway  or  be  hoisted 
and  transported  by  derrick  or  other  machine  except  at  his 
own  personal  risk. 

( 5  )   Only  appointed  trainmen  or  men  under  special  orders 


208  RECLAMATION  SERVICE  MANUAL. 

are  allowed  on  locomotives  or  cars.     All  other  passengers 
are  prohibited. 

(6)  No  work  animal,  horse  or  mule,  shall  be  ridden  to 
and  from  work  except  by  the  regular  teamster  in  charge  of 
said  stock.  - 

(7)  All  men  are  warned  not  to  meddle  or  interfere  with 
any  machinery  on  the  work,  whether  stationary  or  in  mo- 
tion. 

(8)  Special  men  are  assigned  for  handling  powder  and 
explosives  of  all  sorts;  other  men  do  so  at  their  own  individ- 
ual peril. 

(9)  Care  in  the  use  of  all  tools  and  machines  is  enjoined 
for  safeguarding  the  user  and  his  fellow  workmen. 

(10)  All  persons  are  warned  to  get  under  cover  or  at  a 
safe  distance  from  blasts  and  in  general  to  use  common  sense 
in  taking  care  of  themselves  and  avoiding  danger,  while  not 
being  so  foolishly  sensitive  to  danger  as  to  avoid  the  work 
that  waits  to  be  done. 

22.  Comptroller's  decisions  of  interest.— -See  XV  Compt. 
Dec.,  461;  id.,  646;  id.,  845;  XVI  Compt.  Dec.,  291;  id.,  477;  and 
XVII  Compt.  Dec.,  568. 

INJURIES  FROM  BREAKAGE  AND  SEEPAGE  OF 
CANALS. 

Causes  of  injuries,  par.  1. 

Decisions,  par.  3. 

Degree  of  care,  par.  5. 

Implied  contract  liability,  par.  4. 

Negligence  on  a  private  canal,  par.  6. 

Private  canals  not  insurers,  par.  7. 

Test  of  liability,  par.  2. 

1.  Causes  of  injuries. — Injuries  from  breakage  and  seepage 
of  canals  may  be  due  to  unavoidable  causes  in  which  case  it  would 
not  be  negligence,  or  the  injuries  may  be  due  to  actual  negligence 
in  the  construction  or  management  of  the  irrigation  system. 

2.  Test  of  liability. — Chapter  7  of  the  Act  of  Congress,  ap- 
proved March  3,  1911  (36  Stat,  1087,  1135),  relative  to  the  Court 
of  Claims,  excludes  from  judicial  cognizance  any  claim  against  the 
Government  for  damages  in  a  case  "sounding  in  tort."    Pollock  on 


INJURIES  FROM   BREAKAGE  AND  SEEPAGE  OF  CANALS.         209 

Torts  1,  19,  defines  a  tort  as  "An  act  or  omission  causing  harm 
which  the  person  so  acting  or  omitting  did  not  intend  to  cause,  but 
might  with  due  diligence  have  foreseen  and  prevented." 

3.  Decisions. — In  Bigby  v.  U.  S.  (188  U.  S.,  409)  the  court 
said :  "No  one  was  authorized  to  put  upon  the  Government  a  lia- 
bility for  damages  arising  from  the  wrongful,  tortious  act  of  its 
employee."     In  Comptroller's    decision  of    April    24,    1911     (17 
Comp.,  810),  based  on  case  of  Wm.  Cramp  &  Sons  vs.  U.  S.  (216 
U.  S.,  494),  it  was  decided  that :  "Neither  the  executive  officers  nor 
the  accounting  officers  have  jurisdiction  to  settle  claims  for  un- 
liquidated damages." 

To  a  similar  effect  are  the  following  cases: 

Robertson  v.  Sichel,  127  U.  S.,  507,  515. 
German  Bank  of  Memphis  v.  United  States,  148  U.  S., 
573,  579. 

Gibbons  v.  United  States,  8  Wall.,  269,  274. 

4.  Implied  contract  liability. — The  case  would  be  different 
where  the  property  is  taken  possession  of  for  the  benefit  of  the  gov- 
ernment, as  for  turning  out  surplus  water  by  cutting  the  canal  to 
prevent  more  serious  damage  elsewhere,  for  then  a  contract  is  im- 
plied to  make  compensation  for  its  value,  but  being  an  implied  con- 
tract and  for  an  unliquidated  sum  it  cannot  be  paid  by  the  executive 
officers  of  the  Government,  but  must  be  settled  through  a  suit  (a) 
in  cases  not  involving  more  than  $10,000,  either  in  the  U.  S.  Dis- 
trict Court  or  Court  of  Claims,  and  (b)  in  cases  exceeding  $10,000 
in  the  Court  of  Claims.      (It  will  be  noted  that  in  such  case  the  act 
would  not  come  within  the  definition  of  a  tort  cited  above.)      In 
case  the  damage  so  caused  can  be  reduced  or  entirely  eliminated 
by  the  Reclamation  Service  making  repairs  and  such  course  is  prac- 
ticable, written  permission  so  to  do,  with  a  release  of  all  claims 
for  the  injuries  suffered,  should  be  secured  from  the  land  owner, 
the  repairs  made  and  the  cost  thereof  charged  to  O.  &  M.  of  the 
project.     In  getting  such  written  permission  the  landowner's  at- 
tention should  be  particularly  invited  to  the  fact  that  by  giving  the 
permission  he  waives  all  claims  for  damages  because  of  the  injury 
done. 

If  it  is  practicable,  and  there  is  time  to  do  so,  a  unit  of  damage 
may  be  agreed  upon  with  the  landowner,  and  a  contract  may  then 
be  executed,  but  if  no  agreement  is  made  in  advance  the  payment 


210  RECLAMATION  SERVICE  MANUAL. 

under  the  Comptroller's  decision  of  April  24,  1911  (17  Comp.,  810), 
could  not  be  made  by  the  executive  or  the  accounting  officers. 

5.  Degree  of  care. — While,  therefore,  no  claims  for  compen- 
sation for  damages  can  be  entertained,  whether  due  to  avoidable  or 
unavoidable  accident,  regardless  of  any  language  used  in  the  con- 
tract, yet  the  degree  of  watchfulness  and  care  exercised  by    the 
agents  of  the  United  States,  while  the  operation  of  a  reclamation 
enterprise  is  under  its  control,  should  be  such  that,  in  any  case  of 
claim  for  damage,  it  could  not  be  claimed  that  negligence  has  ex- 
isted to  such  extent  that  a  private  corporation  would  be  held  liable. 
For  the  guidance  of  .those  in  charge  of  operation  and  maintenance 
the  general  principles  governing  the  liability  of  the  owners  of  pri- 
vate irrigation  systems  are  stated  in  the  two  following  paragraphs 

6.  Negligence  on  a  private  canal. — The  courts  have  held  gen- 
erally that  private  irrigation  systems  are  liable  for  damages  due  to 
negligence  or  unskillfulness  in  construction  or  in  the  maintenance 
or  use  of  a  ditch.     They  must  keep  the  ditch  in  good  repair  and  are 
liable  for  all  damages  caused  by  failure  to  do  so.     In  an  action 
against  a  private  ditch  owner  to  recover  for  injuries  caused  by  his 
negligence  in  maintaining  the  ditch,  the  burden  is  on  the  plaintiff 
to  show  that  such  injury  was  caused  by  the  defendant's  negligence. 

7.  Private  canals  not  insurers. — The  question  of  negligence 
must  necessarily  be  determined  by  a  jury.     An  owner  of  a  private 
irrigation  system  is  not  an  insurer  against  all  damage  from  the  sys- 
tem without  reference  to  the  question  of  negligence,  but  is  liable 
only  when  negligent.  He  must  prepare  to  meet  only  such  emer- 
gencies as  may  reasonably  be  expected  to  arise  in  the  course  of 
Nature.     He  is  not  required  to  prepare  for  storms  of  such  unusual 
violence  as  to  surprise  cautious  and  reasonable  men.     These  state- 
ments are  taken  from  "Long  on  Irrigation"  edition  of  1902,  pages 
124  to  129.     See  also  the  discussion  of  this  matter  pages  1984  and 
1988,  Sec.  634,  Vol.  3,  "Farnham  on  Waters." 

INSPECTION  OF  ACCOUNTS  BY  WATER  USERS  AND 
OTHER  INTERESTED  PARTIES. 

Any  water  users'  association  or  any  individual  having  an  interest 
in  the  lands  included  in  a  Reclamation  project  desiring  information 
from  the  fiscal  records  of  a  field  or  local  office  of  the  Reclamation 
Service  may  proceed  in  the  following  manner: 


INSPECTION   OF  FISCAL  AFFAIRS.  211 

(a)  Application  must  be  made  in  writing  to  the  supervising  en- 
gineer of  the  district,  stating  the  interest  applicant  has  in  the  pro- 
ject, the  nature  of  the  information  desired,  and  the  use  proposed 
to  be  made  thereof. 

(b)  The  supervising  engineer,  if  satisfied  that  the  giving  of  such 
information  will  not  be  detrimental  to  the  public  service,  will  en- 
dorse on  such  application  his  approval,  whereupon  the  information 
sought  will  be  promptly  supplied  and  a  record  made  thereof.     If 
the  application  be  denied,  the  supervising  engineer  will  endorse  the 
reasons  for  disallowance  thereupon  and  promptly  forward  the  same 
to  the  Director  for  transmission  to  the  Secretary  of  the  Interior. 

(c)  When  application  is  received  for  information  which  will  re- 
quire undue  labor  and  expense,  an  estimate  of  such  expense  should 
be  made  and  the  applicant  required  to  deposit  the  amount  before 
the  work  is  undertaken.     (Order  of  November  15,  1909.) 

INSPECTION  OF  FISCAL  AFFAIRS. 

General  statement,  par.  1. 

Instructions  issued  and  changes  in -methods,  par.  6. 

Letters  of  authority  for  inspection,  par.  2. 

Nature  of  inspection,  par.  4. 

Objects  of  inspection,  par.  3. 

Reports,  par.  5. 

1.  General  statement. — A  thorough  and  effective  system  of 
inspection  is  essential  for  the  success  of  any  organization,  and  par- 
ticularly of  an  organization  engaged  in  accounting  work  such  as 
that  of  the  Reclamation  Service  where  the  projects  are  so  widely 
separated.  Inspection,  to  be  effective,  must  go  to  the  root  of  things 
and  the  inspector  must  in  the  true  sense  inspect  every  detail.  The 
results  must  be  clearly  stated  and  placed  in  the  hands »of  the  higher 
executive  officers  for  guidance.  The  inspection  system  should  be 
open  and  above  board  at  all  times,  and  the  results  should  be  fear- 
lessly discussed  in  a  perfectly  impartial  manner.  Due  allowances 
should  be  made  for  individual  tastes  and  peculiarities,  but  uniform- 
ity of  results  and  a  high  standard  of  effectiveness  must  be  main- 
tained. The  inspector  should  report  to  the  Director,  making  such 
recommendations  as  may  be  suggested  by  the  results  of  inspections. 


212  RECLAMATION  SERVICE  MANUAL. 

If  these  recommendations  are  not  acted  upon  promptly,  the  person 
making  them  should  not  be  discouraged,  nor  cease  making  what  he 
considers  desirable  suggestions.  It  occasionally  happens  that  a 
proposed  change  cannot  be  made  immediately  because  of  conditions 
not  known  to  the  inspector.  Routine  methods  that  do  not  con- 
form to  approved  plans  should  be  taken  up  by  the  inspector  and 
settled  on  the  ground  and  he  should  mention  all  such  acts  in  his 
reports.  All  cases  where  it  is  desirable  to  issue  new  instructions 
or  change  old  instructions  should  be  subjects  of  specific  recommen- 
dations in  the  inspector's  report.  The  necessity  for  such  new  in- 
structions or  changes  in  old  instructions  should  be  fully  set  forth 
in  the  report,  and  the  new  instructions  or  changes  should  not  be 
issued  directly  except  in  an  extreme  emergency. 

2.  Letters  of  authority  for  inspection. — Before  making  an  in- 
spection each  person  engaged  upon  this  work  should  have  from 
the  Director  a  letter  of  authority  to  make  the  inspection.     Such  a 
letter  may  be  general  or  special  in  character. 

3.  Objects  of  inspection. — The  objects  of  fiscal  inspection  are 
twofold,  first,  the  benefits  to  be  derived  by  the  projects    from  a 
periodical  visit  by  a  representative  of  the  Director's  office,   from 
whom  they  may  receive  advice  and  instruction,  that  will  result  in 
greater  uniformity  of  methods;  second,  the  information  that  may 
be  conveyed  by  the  inspectors'  reports  to  the  employees  of  the  Di- 
rector's office  enabling  them  to  obtain  a  better  understanding  of 
conditions  on  the  projects,  thus  contributing  to  the  efficiency  and 
intelligence  of  their  efforts  in  the  preparation  of  statements,  re- 
ports and  statistics  for  the  Director. 

4.  Nature  of  inspection. — A  thorough  inspection  of  the  fiscal 
affairs  of  a  project  embraces  the  following : 

(a)  Special  fiscal  agent. — The  inspection  of  his  accounts  should 
be  complete  and  should  embrace  all  transactions  since  the  last 
previous  inspection.  The  report  of  this  inspection  should  show 
when  the  same  was  begun  and  completed,  date  of  different  bonds, 
whether  the  fiscal  agent  has  cash  on  hand  or  not,  and  the  reason 
for  so  having;  the  last  check  issued,  giving  date  and  in  whose  favor, 
amount  of  same  and  for  what  purpose,  and  the  balance  indicated 
as  on  deposit  thereafter.  It  should  also  show  the  total  amount 
charged  to  the  special  fiscal  agent  as  verified  by  the  previous  in- 
spection, advances  from  the  United  States  Treasury  since  that 


INSPECTION  OF  FISCAL  AFFAIRS.  213 

date,  giving  numbers  and  dates  of  warrants ;  collections  made  giv- 
ing detail  by  voucher  numbers  and  dates;  disallowance  and  con- 
ceded errors  stated  in  detail;  total  amount  of  payments  by  months 
on  disbursement  vouchers  giving  the  numbers  of  same;  deposits 
in  the  Treasury  and  local  depositories  giving  dates  and  certificate 
of  deposit  numbers;  the  total  amount  of  outstanding  checks  (these 
should  be  verified  by  inspection  and  compiled  from  the  statement 
of  disbursing  account  and  register  of  checks  Form  7-403)  should 
be  prepared  and  listed  to  show  the  date,  number,  in  whose  favor 
drawn  and  amount  of  same;  the  register  of  checks  and  check  books 
should  be  examined  closely  and  see  that  each  absent  check  is  ac- 
counted for  as  either  paid,  as  shown  by  the  depository's  monthly 
statement;  outstanding,  as  shown  by  the  list  of  outstanding  checks; 
or  canceled,  as  shown  by  the  acknowledgment  of  the  receipt  of  the 
cancelled  check  by  the  depository,  to  whom  the  special  fiscal  agent 
should  have  at  once  forwarded  it;  a  list  of  checks  drawn  to  the 
order  of  the  special  fiscal  agent  should  be  made,  giving  dates,  check 
numbers,  amounts,  for  what  drawn  and  whether  outstanding  or 
paid.  A  general  statement  should  be  made  covering  miscellaneous 
matters  such  as  promptness,  and  completeness  and  verity  of  re- 
plies to  suspensions  to  the  auditor,  neatness  of  records,  and  any 
difficulties  suggested  or  questions  raised  by  the  special  fiscal  agent. 
A  statement  should  be  made  as  to  whether  collection  vouchers  are 
presented  to  the  special  fiscal  agent  before  collections  are  actually 
made,  and,  if  so,  whether  prompt  and  energetic  efforts  are  made 
to  collect  the  amounts  due.  If  any  items  have  remained  uncol- 
lected  for  some  time  they  should  be  reported  in  detail. 

(b)  Project  bookkeeping  records. — The  balance  in  each  general 
ledger  account  should  be  verified  by  independent  records  and  all 
entries  should  be  given  careful  scrutiny  with  explanation  of  any 
unusual  or  peculiar  practices  or  conditions.  Each  account  on  the 
balance  sheet  should  be  taken  up  in  its  order  and  carefully  exam- 
ined. The  investment  accounts  should  be  verified  with  the  last 
statement  of  investment  accounts  from  the  Director's  office  and 
any  discrepancies  explained.  Under  the  heading  of  "Accounts 
receivable"  the  items  going  to  make  up  the  balance  of  each  of  the 
accounts  should  be  verified ;  special  attention  should  be  given  to  the 
record  of  water  users'  accounts.  In  conjunction  with  this  record 
the  controlling  repayment  accounts  should  be  carefully  checked 


214  RECLAMATION  SERVICE  MANUAL. 

with  a  view  to  determining  whether  or  not  the  total  amount  oi' 
charges  accrued  under  public  notices  has  been  taken  up.  Proper 
attention  should  be  given  to  the  revenue  accounts  to  verify  their 
correctness.  In  the  inventory  accounts,  however,  the  greatest 
amount  of  work  will  be  required.  The  fiscal  inspector  should  not 
only  observe  the  methods  but  should  make  physical  inventories  of 
the  property  represented  by  several  of  these  accounts.  In  doing 
this  he  should  be  governed  largely  by  his  own  judgment,  but  suf- 
ficient actual  physical  inventories  should  be  taken  on  each  visit  to 
insure  a  complete  check  of  all  inventories  on  each  project  at  least 
once  each  year.  A  general  inspection  of  the  accounts  will  enable 
the  inspector  to  report  as  to  the  correctness  of  the  methods  em- 
ployed in  handling  the  cost  adjustment  accounts.  Special  attention 
should  be  given  to  the  methods  employed  in  closing  out  operation 
accounts,  such  as  blacksmith  shop,  machine  shop,  power  house,  cor- 
ral, mess,  and  mercantile  store  accounts. 

5.  Report. — After  the  inspection  of  a  project  has  been  com- 
pleted a  report  (in  triplicate)  covering  the  subjects  mentioned  be- 
low should  be  submitted  by  the  fiscal  inspector  to  the  Director : 

(a)  Name  of  project. 

(b)  Datrof  arrival  at  and  departure  from  project. 

(c)  A  brief  statement  as  to  the  nature  of  the  work  being 
done  on  the  project  and  the  approximate  monthly  expendi- 
tures. 

(d)  The  names  of  the  main  features  upon  which  work  is 
being  done. 

(e)  The  extent  of  visits  to  the  scenes  of  actual  work, 
naming  the  features  visited. 

(f)  A  statement  of  personnel  engaged  upon  fiscal  affairs. 

(g)  Information  as  to  bookkeeping,  as  embraced  in  the 
following  instructions  and  questions : 

(1)  Transmit  a  balance  sheet  taken  from    the    project 
books  at  the  close  of  the  last  month's  business  prior  to  your 
visit.     This  balance  sheet  should  be  made  up  from  the  books 
themselves  and  by  the  inspector. 

(2)  Are  the  statements  of  investment  accounts  regularly 
checked  upon  receipt  at  project  offices  from  the  Director's 
office? 

(3)  State  for  each  of  the  accounts  payable  and  accounts 
receivable  whether  or  not  complete  details  are  kept,  and  if 
balances  shown  in  columns  3  and  4  of  the  balance  sheet  for 


INSPECTION   OF  FISCAI,  AFFAIRS.  215 

accounts  receivable  and  uncollected  accounts,   respectively, 
have  been  verified  by  you.    Cover  each  account  separately. 

(4)  Are  the  cost  ledger  controlling    accounts    correctly 
handled? 

(5)  Does  the  local  land  office  promptly  report  all  certifi- 
cates of  filing  water  right  applications  issued  and  cancella- 
tions of  same? 

(6)  Do  the  detailed  records  of  water  users  agree  with 
data  received  from  the  local  land  office,  and  is  the  total 
shown  to  the  credit  of  repayment  accounts  correct  as  verified 
by  land  office  reports  ? 

(7)  Are  the  revenue  accounts  correctly  handled? 

(8)  State  separately  for  each  inventory  account  the  ex- 
tent to  which  you  have  investigated  to  determine  the  cor- 
rectness of  the  values  carried  in  the  balance  sheet. 

(9)  Are  operating  accounts,  such  as  blacksmith  shop,  ma- 
chine shop,  power  house,  corral,  mess  and  mercantile  stores 
accounts  closed  out  monthly,  and  in  doing  so  is  the  inventory 
of  supplies  on  hand  based  on  an  actual  physical  examination 
of  unused  stock  with  the  application  of  actual  cost  in  deter- 
mining values  ? 

(10)  Are  material  supplies  and  equipment  well  cared  for. 
and  proper  detailed  records,  such  as  bin  cards  kept  ? 

(11)  How  often  are  actual  physical  inventories  taken? 

(12)  Are  the  stocks  carried  reasonable  in  quantity,  or  are 
they  considered  excessive? 

(13)  How  often  is  actual  depreciation  of  equipment  in 
use  determined  by  actual  inventory,  and  adjusting  entries 
made  correcting  arbitrary  depreciation  accumulated  in  ac- 
count No.  56,  Equipment  depreciation  account? 

(14)  To  what  extent  are  freight,  express  and  handling 
charges  charged  direct  to  inventories  and  cost  ledger  ? 

(15.)  Does  the  bookkeeper  thoroughly  understand  the  ob- 
ject of  the  statement  of  cost  ledger  inventories,  and  the  rec- 
onciling tabulation  on  the  balance  sheet  ? 

(16)  Is   there  any  equipment    available    for  transfer? 
(Give  list.) 

(17)  Do  you  know  of  any  project  to  which  any  of  this 
equipment  might  profitably  be  transferred? 

(18)  Have  you  received  any  communications  from  the 
Washington  office  relating  to  this  project?    If  so,  refer  to 
them  here  and  state  what  action  has  been  taken  in  regard 
thereto. 

(19)  Have  you  any  comments  upon  the  personnel? 

(20)  State  any  complaints  or  suggestions  made  by  the 
project  employes  that  require  attention  by  the  Director. 

(21)  Miscellaneous  statements  or  suggestions. 


216  RECLAMATION  SERVICE  MANUAL. 

6.  Instructions  issued  and  changes  in  methods,  in  the  field. — 
Fiscal  inspectors  will  report  to  the  Director  in  detail  any  instruc- 
tions given  in  the  field,  and  should  it  be  deemed  advisable  to  change 
methods  or  instructions  previously  issued  by  the  Director,  it  should 
not  be  done  directly  except  in  an  extreme  emergency.  Such  cases 
should  be  fully  reported  to  the  Director  with  recommendations  and 
reasons  for  the  changes  suggested.  The  recommendations  will  be 
considered  by  the  Director  and  proper  orders  issued  relating  thereto. 

INSTRUCTIONS   BY   DIRECTOR  AND   CHIEF    ENGI- 
NEER IN  THE  FIELD. 

All  matters  presented  to  the  Director  or  the  Chief  Engineer  in  the 
field  for  which  approval  is  desired  should  be  submitted  in  writing 
and  if  approved  by  the  Director  or  Chief  Engineer  it  shall  be  the 
duty  of  the  supervising  or  project  engineer  to  forward  to  the  Di- 
rector's office  at  once  a  copy  of  the  document  with  notation  of  ap- 
proval. 

INSURANCE,  COOPERATIVE. 

Adjusment  of  losses,  par.  4. 

Extinguishing  fires,  par.  6. 

Insurance  assessments,  par.  1. 

Insurance  survey  reports,  par.  2. 

Protective  measures,  par.  5.  •     . 

Reports  of  fire  losses,  par.  3. 

1.  Insurance  assessments. — Commercial  fire,  or  other  in- 
surance must  not  be  contracted  for,  as  it  is  the  policy  of  the  Gov- 
ernment to  carry  its  own  risks  (13  Compt.  779).  In  order,  there- 
fore, to  avoid  a  heavy  charge  to  any  project  from  loss  by  fire,  that 
would  ultimately  fall  on  the  water  users  under  that  particular  pro- 
ject, a  plan  of  Service  insurance  has  been  provided  for  Reclamation 
Service  buildings  and  other  insurable  property,  that,  in  case  of  loss 
by  fire,  will  distribute  the  loss  among  all  projects.  Conforming  to 
the  plan  adopted  by  standard  underwriters'  associations  20  per  cent 
of  a  fire  loss  is  borne  by  the  project  on  which  it  occurs  and  the  re- 
maining 80  per  cent  is  distributed  by  transfers  to  all  the  projects 


INSURANCE,   CO-OPERATIVE.  217 

in  proportion  to  the  respective  amounts  of  protection  benefits  re- 
ceived, i.  e.,  in  the  same  relative  ratio  that  premiums  on  the  amount 
and  class  of  property  insured  by  each  project  would  bear  to  one  an- 
other, if  commercial  insurance  were  carried.  This  is  .determined 
by  computing  the  risk  on  each  property  item  according  to  stand- 
ard formulas  adopted  by  associations  of  underwriters.  Each  build- 
ing reported  is  given  a  series  of  risk  debits  derived  from  a  classifica- 
tion of  its  conditions  of  construction,  occupancy,  exposure,  etc., 
as  indicated  in  Form  7-781,  and  from  the  total  of  these  debits  is 
deducted  the  total  of  credits  from  the  various  kinds  of  fire  protec- 
tion provided,  and  from  the  non-inflammability  of  valuable  con- 
tents, or  the  quickness  with  which  they  might  be  removed  in  case 
of  fire.  The  debits  are  computed  on  a  unit  basis,  each  material 
condition  affecting  the  risk  status  being  given  a  relative  weight. 
The  credits  are  computed  on  a  percentage  basis,  and  their  totals 
taken  from  the  sum  of  the  debits.  The  remainder  is  then  multi- 
plied by  the  value  of  the  building  and  its  contents  and  the  product 
is  taken  for  the  "weight"  of  risk  for  the  item.  The  sum  of  all 
these  weights  on  a  given  project  is  taken  as  a  unit  weight  for  the 
project,  and  its  ratio  to  the  sum  of  the  weights  of  all  projects  is 
taken  as  a  basis  for  computing  assessments  to  reimburse  80  per 
cent  of  the  losses  sustained  on  all  projects  in  each  calendar  year. 

2.  Insurance  survey  reports. — Reports  of  insurance  survey 
are  required  to  be  submitted  as  promptly  as  possible  at  the  close  of 
each  calendar  year,  giving  the  condition  of  all  Reclamation  Service 
buildings  and  their  contents,  of  each  new  building  when  completed, 
and  of  important  changes  affecting  conditions  of  risk  as  indicated 
in  Form  7-781  under  the  four  heads,  occupancy,  exposure  (as  of 
new  building  erected  nearby)  general,  and  protection.  The  values 
of  contents  should  be  estimated  on  a  basis  of  a  yearly  average 
and  inconsequential  changes  therein  should  not  be  made  the  subject 
of  additional  reports.  After  a  report  of  a  building  has  once  been 
submitted,  and  no  change  of  importance  occurs  up  to  the  end  of  the 
next  calendar  year  except  depreciation,  a  new  report  need  not  be 
submitted,  but  a  simple  statement  or  list  of  such  subjects  may  be 
submitted  giving  estimated  depreciation,  etc.  It  is  advisable  to 
designate  buildings  by  name  and  also  number  the  reports,  for 
subsequent  reference.  In  describing  the  exposure  of  a  group  of 
buildings  it  is  desired  that  a  rough  plat  be  submitted,  with  each 


218  RECLAMATION  SERVICE  MANUAL. 

building  numbered  on  the  plat  and  corresponding  report,  and  dis- 
tances between  buildings  indicated  thereon  in  feet.  The  term  "ex- 
posure" as  employed  in  the  insurance  survey  reports  means  the 
nearness  of -the  buildings  to  other  combustible  objects.  In  stating 
the  value  of  contents  of  barns,  Government  livestock  habitually  kept 
therein  should  be  included,  with  a  footnote  stating  the  proportion 
of  value  representing  such  easily  removable  property,  as  special 
arbitrary  credit  is  allowed  in  computing  the  risk  on  such  property. 
Every  building  which  was  in  existence  on  the  project  for  more  than 
six  months  of  the  year,  whether  occupied  or  not,  should  be  the  sub- 
ject of  a  report.  Buildings  torn  down  early  in  the  year  or  built 
late  in  the  year  and  therefore  not  in  existence  for  at  least  half  of 
the  year  may  be  omitted  from  these  reports.  Each  report  should 
be  given  a  number,  and  any  correspondence  regarding  it  should 
refer  to  the  number.  '-',.'  ' 

3.  Reports  of  fire  losses. — All  fire  losses  should  be  reported 
promptly  to  the  Director,  giving  the  name  or  description  of  the 
building  and  the  number  of  the  report  submitted  covering  the  subject 
of  the  risk,  and  stating  whether  there  was  a  total  or  partial  loss  of 
building  and  contents.    If  only  a  partial  loss  is  sustained  a  careful 
estimate  of  the  value  of  the  salvaged  property  should  be  submitted. 
For  statistical  purposes  the  origin  of  the  fire  should  be  stated  when 
known.    The  basis  of  this  report  should  be  a  report  prepared  by 
a  board  of  survey  which  should  list  property  lost,  giving  estimated 
values,  and  include  a  discussion  of  the  causes  of  the  fire  and  fix 
the  responsibility  if  possible. 

4.  Adjustment  of  losses. — At  the  close  of  each  calendar  year 
the  losses  will  be  adjusted  by  the  issuance  by  the  Director  of  suit- 
able transfer  vouchers.     The  projects  sustaining  the  losses  will  re- 
ceive "Transfer  vouchers  issued"  covering  the  losses  to  the  extent 
of  80  per  cent  of  the  insured  valuation  less  their  premiums  or  pro- 
portion of  the  total  cost;  and  other  projects  will  receive  "Transfer 
vouchers  received"  covering  their  premiums  or  proportions  of  the 
total  cost  of  such  co-operative  insurance.     The  amount  of  assess- 
ment on  Transfers  Received  should  be  taken  into  the  accounts  and 
charged  to  general  expense,  item  No.  20. 

5.  Protective  measures. — Expenditures  for  fire  protective  ap- 
paratus should  be  consistent  with  the  value  and  needs  of  the  prop- 
erty under  consideration,  but  the  application  of  reasonable  protec- 


INSURANCE,   CO-OPERATIVE.  219 

tive  measures  will  not  only  reduce  the  assessment  rate,  but  will 
materially  diminish  the  contingencies  of  loss  on  valuable  property. 
In  some  instances  a  betterment  of  conditions  may  be  impracticable 
but  the  reports  indicate  that  in  many  cases  inexpensive  changes 
would  materially  improve  the  risk  status  of  the  buildings.  Ware- 
houses containing  valuable  merchandise  should  not  be  located  near 
power  houses,  stables,  blacksmith  and  carpenter  shops,  and  other 
buildings  where  fires  are  easily  started.  It  is  not  good  practice  to 
place  oil  lamps  and  stoves  with  sheet  iron  or  terra  cotta  flues  in 
warehouses  to  provide  sleeping  quarters.  Large  quantities  of  oils 
should  not  be  kept  in  general  warehouses  with  other  valuable  stores, 
and  such  inconsistencies  should  be  avoided.  A  person  sleeping  in  a 
building  is  in  no  sense  a  watchman  but  on  the  contrary  adds  mate- 
rially to  the  fire  risk  of  the  building.  These  persons  very  often 
smoke  before  retiring  and  a  smoldering  fire  may  remain,  gain 
headway,  and  become  unmanageable,  causing  great  damage.  Dust 
and  debris  should  be  removed  from  the  floors  of  buildings.  These 
accumulations  are  regarded  by  underwriters  as  a  fruitful  source  of 
fires.  More  fires  originate  from  want  of  cleanliness  and  the 
accumulation  of  debris  than  from  all  other  causes  combined  except 
defective  flues.  Oily  waste  in  shops  and  engine-rooms  should  be 
kept  in  safe  receptacles  and  promptly  burned.  Waste,  saturated 
with  oil,  and  containing  metal  filings,  when  exposed  to  moderately 
bright  sunshine  may  cause  spontaneous  combustion.  Ashes  fre- 
quently cause  fires  when  carelessly  handled.  Insurance  statistics 
show  that  60  per  cent  of  all  fire  losses  are  due  to  preventable  causes 
easily  within  the  control  of  the  occupants  of  the  buildings  burned. 
The  safeguarding  of  Government  property  is  an  obligation  that 
should  not  be  lightly  considered,  and  while  most  of  the  precautions 
to  be  taken  are  matters  of  common  knowledge  and  the  value  of 
their  observance  is  generally  recognized  they  are  sometimes  lost 
sight  of  in  the  pressure  of  other  work. 

6.  Extinguishing  fires. — Where  there  is  a  supply  of  water 
with  adequate  pressure,  fire  hose  should  be  provided,  not  necessarily 
for  each  building,  but  within  reasonable  distance  of  each  group  of 
buildings.  Fire  hose  hanging  inside  of  a  building  is  often  useless 
when  the  building  catches  fire  because  entrance  to  the  building  is 
impossible  on  account  of  the  danger  involved.  Where  liquid  or 
chemical  fire  extinguishers  are  provided  they  should  be  renovated 
and  recharged  at  frequent  intervals.  These,  when  in  good  condi- 


220  RECLAMATION  SERVICE  MANUAL. 

tion,  are  effective  in  extinguishing  fires,  but  in  time  the  gas- 
generating  chemicals  deteriorate  and  the  nozzles  become  choked 
by  corrosion,  rendering  them  worthless. 

INVOICES,  RENDERING  AND  HANDLING. 

Each  project  office  should  insist  that  invoices  be  rendered 
promptly  and  in  duplicate,  the  original  going  to  the  party  making 
the  purchase,  or  incurring  the  expense  for  his  O.  K.  and  informa- 
tion, the  duplicate  to  be  retained  in  the  project  office  by  the  voucher 
clerk  and  used  as  a  tracer  or  follow-up  until  the  original  is  re- 
turned to  him  for  vouchering  the  account.  Invoices  on  which  a 
discount  is  allowed  should  have  affixed  a  pink  slip  bearing  the 
words  "Discount"  and  should  be  vouchered  immediately  so.  that 
payment  may  be  made  without  delay  when  the  articles  or  notice  of 
shipment  (bill  of  lading  properly  accomplished)  are  received.  Be- 
fore any  action  is  taken  each  invoice  should  be  cross-referenced  by 
use  of  a  rubber  stamp  as  to  the  advertisement,  purchase  order  and 
bill  of  lading  numbers  and  any  other  references  desired  locally. 
Merchants  should  be  urged  to  use  the  project  purchase  order  num- 
ber on  invoices  and  in  marking  boxes.  This  plan  will  help  to 
identify  the  shipment.  When  projects  are  remote  from  railroad 
points  and  a  forwarding  agent  is  employed,  it  will  not  be  necessary 
to  open  boxes  at  the  forwarding  point  in  order  to  check  the  de- 
liveries against  purchase  orders.  The  payment  of  an  invoice 
should  not,  without  excellent  reason,  be  held  up  in  a  project  office 
for  over  thirty  days  from  the  date  of  the  receipt  of  the  articles 
billed.  In  the  majority  of  instances  but  a  few  days  need  elapse 
between  the  time  an  invoice  is  receipted  by  the  receiving  clerk  and 
the  date  of  payment.  The  receiving  clerk  should  send  to  the  pro- 
ject office  each  day  a  list  showing  the  amounts  of  such  invoices  as 
he  may  have  on  hand  covering  supplies  received  and  the  names  of 
the  firms  from  whom  they  have  been  received.  If  the  project 
office  has  on  hand  any  original  invoices  in  its  invoice  file  covered 
by  the  receiving  clerk's  list,  they  should  be  sent  to  the  receiving 
clerk  where  they  will  be  stamped  with  his  shipment  receipt  stamp 
and  returned  to  the  project  office,  where,  after  the  necessary  book- 
keeping entries  have  been  made,  they  will  be  passed  to  the  voucher 
clerk  to  be  vouchered.  Under  no  circumstances,  except  to  secure 


LANDS  ACQUIRED,,   SALE  OF.  221 

discount  for  prompt  payments,  should  the  voucher  clerk  make  out 
a  voucher  for  an  account  not  bearing  the  receiving  clerk's  stamp. 
The  voucher  clerk  should  also  note  carefully  any  remarks  on  in- 
voices as  to  conditions  of  shipment,  shortage,  etc.,  in  order  that 
goods  may  be  replaced  or  deductions  made  when  proper.  After  a 
voucher  has  been  prepared  suitable  notation  as  to  how  the  account 
was  vouchered,  etc.,  should  be  made  on  the  invoice.  The  voucher 
should  then  be  sent  out  for  certification,  using  Form  7-715  for 
transmitting  it,  and  upon  its  return  to  the  project  office,  the  in- 
voice, and  the  accepted  proposal,  together  with  the  abstract  of  pro- 
posals received,  properly  filled  out,  are  attached  to  it,  and  all  are 
passed  to  the  bookkeeper  for  making  the  necessary  entry  on  his 
records.  After  certification  and  approval  by  project  offices  the 
voucher  should  be  sent  to  the  special  fiscal  agent  for  payment. 

LANDS    ACQUIRED     UNDER    THE    RECLAMATION 
ACT;  SALE  OF. 

1.  Recommendation  to  Director. — The  act  of  Congress  ap- 
proved February  2,  1911  (36  Stat,  895),  see  page  483,  provides 
for  the  sale  of  lands  acquired  under  the  Reclamation  Act  when  no 
longer  needed.     Upon  the  determination  that  any  such  lands  are 
no  longer  needed  report  and  recommendation  should  be  made  to 
the  Director  together  with  statement  as  to  any  conditions  which 
should  be  incorporated  in  the  conveyance  and  the  reasons  therefor, 
and  not  less  than  three  names  should  be  submitted  for  appointment 
as  a  board  of  appraisers,  one  of  whom  should  be  an  employee  of 
the  Reclamation  Service,  and  the  others  should  be    disinterested 
persons  familiar  with  real-estate  values  in  the  locality  where  the 
lands  are  situated.     The  recommendation  should  also  cover  the 
rate  of  compensation  for  the  members  of  the  board  who  are  not 
employed  by  the  United  States  and  the  limit  of  time  during  which 
such  compensation  may  be  allowed,  the  necessary  advertising,  and 
suggest  a  date  on  which  the  sale  should  take  place.     The  report 
of  the  appraisers  should  be  promptly  forwarded  to  the  Director. 

2.  Action  upon  approval  of  appraisal. — If  the  appraisal  be 
approved  authority  will  be  transmitted  for  publication  of  adver- 
tisement of  sale,  fixing  the  date  thereof ;  and  also  authority  for  the 
employment  of  an  auctioneer  to  sell  the  property.     After  the  sale 


222  RECLAMATION  SERVICE  MANUAL. 

has  been  made,  report  thereof  should  be  made  to  the  Director,  with 
full  name  and  address  of  the  purchaser,  and  recommendation  for 
conveyance  of  the  property  by  the  Secretary  of  the  Interior. 

LANDS,  ACQUISITION  OF. 

Abstract  of  title,  par.  13. 

Abstract  not  necessary  when  lands  donated,  par.  48. 

Abstracts  of  title  in  condemnation  cases,  par.  47. 

Administrators  and  executors,  par.  8. 

Agreement  to  sell,  execution  of,  par.  7. 

Agreement,  when  to  transmit,  par.  4. 

Agreements  for  compensation  of  settlers,  par.  33. 

Authority,  par.  1. 

Canal  systems,  purchase  of,  par.  52. 

Certificate  as  to  taxes,  par.  34. 

Certificate  of  engineer,  par.  24. 

Compensation  of  settlers  for  land  taken,  pars.  30-39. 

Compromise  of  condemnation  suit,  par.  44. 

Condemnation  of  settlers'  improvements,  par.  36. 

Condemnation  proceedings,  pars.  40-47. 

Copy  of  abstract,  par.  14. 

Conditions  and  limitation,  par.  10. 

Deductions  for  liens,  par.  28. 

Deed,  par.  17. 

Defective  title,  resubmission,  par.  26. 

Description,  par.  11. 

Donation  of  lands,  pars.  48-50. 

Entry  and  application  to  enter,  par.  37. 

Final  judgment  and  payment,  par.  45. 

Inchoate  right  only  acquired,  par.  38. 

Indian  lands,  purchase  of,  par.  53. 

Liens  against  donated  lands,  par.  50. 

Method  of  determining  compensation,  par.  32. 

Minors  and  guardians,  par.  9. 

Monthly  report,  par.  51. 

Negotiations,  how  to  conduct,  par.  3. 

Opinion  of  the  Assistant  Attorney  General,  par.  19. 

Ordering  abstracts,  par.  16. 


LANDS,   ACQUISITION    OF.  223 

Papers,  transmission  of,  par.  21. 

Payment  by  Treasury  warrant,  par.  46. 

Persons  entitled  to  compensation,  par.  31. 

Possession,  termination  of .  grantor's,  par.  12. 

Possession  and  payment,  par.  43. 

Possessory  certificate,  par.  20. 

Prescription  acquiring  rights  held  by,  par.  52. 

Procuring  of  abstract,  par.  15. 

Purchases,  pars.  2-29. 

Proof  to  accompany  agreement,  par.  35. 

Recommendation,  par.  42. 

Recording  before  approved,  par.  18. 

Report  on  land  agreement,  par.  23. 

Report  on  donated  lands,  par.  49. 

Reports,  par.  40. 

Rights  of  way  reserved  under  Act  of  August  30,  1890,  par.  39. 

Time  when  purchases  should  be  made,  par.  2. 

Title  papers,  par.  6. 

Title,  procedure  for  acceptance  of,  par.  5. 

Transmission  of  abstract,  par.  25. 

Transmission  of  agreement,  par.  22. 

Transmission  of  title  papers,  par.  27. 

When  compensation  to  be  made,  par.  30. 

When  time  commences  to  run,  par.  29. 

Written  offer  to  be  made,  par.  41. 

(See  also  OPTIONS;  also  SURVEYS,  PAR.  25). 

1.  Authority. — Section  7  of  the  Reclamation  Act  authorizes 
the  Secretary  of  the  Interior  to  acquire,  either  by  purchase  or  con- 
demnation, any  property  rights  necessary  to  carry  out  the  provisions 
of  the  act,  payment  therefor  being  made  from  the  reclamation  fund. 
This  includes  authority  to  purchase  improvements  of  entrymen. 
Where  an  irrigation  system  already  constructed  and  in  operation 
may  be  utilized  in  connection  with  a  greater  system  to  be  con- 
structed by  the  United  States,  its  purchase  for  such  purpose  comes 
within  the  purview  of  the  reclamation  act.  The  reclamation  fund 
can  be  used  onlj  however  for  the  purchase  of  lands  and  rights 
necessary  for  the  construction  and  operation  of  irrigation  works 
within  the  territorial  limits  of  the  United  States  (33  L.  D.,  391). 


224:  RECLAMATION  SERVICE  MANUAL. 

It  is  preferable  to  acquire  all  such  rights  by  purchase  rather  than 
by  condemnation  proceedings  if  reasonably  favorable  terms  can  be 
obtained. 

PURCHASES. 

\  2.  Time  when  purchases  should  be  made. — The  requirement 
of  the  Department  that  construction  shall  not  begin  on  any  land 
until  the  title  therefor  is  in  the  United  States  save  in  exceptional 
cases  where  special  authority  is  given  by  the  Secretary  makes  it 
necessary  that  steps  for  the  acquisition  of  such  rights  should  be 
taken  far  enough  in  advance  so  that  the  title  to  lands  needed  for 
construction  may  be  obtained  before  it  becomes  necessary  to  begin 
work  on  the  lands  involved.  The  importance  of  this  matter  re- 
quires that  the  engineers  should  make  it  possible  to  begin  such  ne- 
gotiations at  the  earliest  practicable  date  in  every  case,  and  should 
expedite  the  negotiations  at  every  stage.  In  order  to  accomplish 
this  it  is  necessary  that  the  surveys  upon  which  land  descriptions 
are  to  be  based  be  made  as  soon  as  the  locations  can  be  determined 
and  that  proper  descriptions  be  promptly  furnished  to  the  exami- 
ners. (See  pars.  10  and  //.)  Contracts  cannot  be  negotiated 
until  final  descriptions  have  been  furnished  and  as  such  negotia- 
tions necessarily  require  considerable  time,  it  is  the  duty  of  engi- 
neers to  furnish  the  data  sufficiently  in  advance  to  afford  reason- 
able time  for  securing  signatures  to  contracts  and  thereafter  se- 
curing the  approval  of  the  Director,  or  the  Secretary,  as  the  case 
may  be. 

3.  Negotiations,  how  to  conduct. — Authority  to  negotiate 
for  the  purchase  of  lands  and  other  property  rights  will  be  given 
by  the  Director  to  the  person  designated  to  act,  and  the  negotiations 
should  be  made  as  representing  the  Secretary  of  the  Interior  for 
and  on  behalf  of  the  United  States.  Before  negotiations  for  the 
purchase  of  any  tract  are  begun,  it  is  important  to  learn  whether 
the  land  has  been  offered  for  sale,  and  at  what  time  and  price ;  also 
what  price  the  present  owner  paid  for  the  land.  If  a  fairly  reason- 
able price  can  be  agreed  upon  the  whole  matter  should  be  reduced 
to  the  form  of  a  written  agreement  to  sell.  In  all  such  negotia- 
tions, the  owner  should  be  informed  that  he  will  be  required  to  fur- 
nish an  abstract  of  title,  to  procure  and  have  recorded  such  assur- 


LANDS,    ACQUISITION    OF.  225 

ances  of  title,  affidavits,  or  other  instruments  as  may  be  necessary 
to  show  clear,  imincumbered  title  in  him,  and  subsequently  to  have 
the  abstract  extended  to  include  all  such  instruments  and  the  trans- 


fer to  the  United  States,  unless  the  contract  shall  ptovide  otherwise. 

4.  Agreement,  when  to  transmit. — Immediately  after  its  exe- 
cution the  agreement  to  sell  should  be  forwarded  to  the  Director 
for  approval  in  accordance  with  the  detailed  instructions  concern- 
ing transmission  of  contracts  (see  par.  22},  and  in  addition  to  the     * 
papers  there  required,  the  agreement  to  sell  must  be  accompanied 
by:   (a)    "Report  on  land  agreement";   (b)   engineer's  certificate, 
and  (if  the  land  is  described  by  course  and  distance)  (c)  a  map  or  . 
plat  thereof. 

5.  Title,  acceptance  of,  procedure  for. — Upon  approval  of  the 
contract  the  original  will  be  returned.     It  should  be  at  once  filed 
for  record  in  the  county  where  the  land  is  situated  and  (if  so  re- 
quired by  the  contract)  the  vendor  must  at  the  same  time  be  notified 
to  furnish  abstract  of  title   (pair.  Jj),  which  should  be  examined 
upon  receipt  and  the  vendor  notified  to  furnish  any  additional  pa- 
pers found  necessary  to  show  clear  title.     The  abstract  and  related 
papers  should  then  be  transmitted  to  the  United  States  Attorney 
who  will  examine  them  and  forward  them  with  his  opinion  thereon 
to  the  Assistant  Attorney  General  for  the  Interior  Department  for 
his  consideration  and  opinion.     Upon  being  passed  upon  by  the  As- 
sistant Attorney  General,  the  papers  will  be  returned,  through  the 
Director's  office,  for  completion  of  the  purchase  if  the  title  is  satis- 
factory.    If  title   is   not  satisfactory   further   assurances   of   title 
must  be  secured  in  accordance  with  the  opinion  of  the  Assistant 
Attorney  General,  an  official  copy  of  which  will  accompany  the 
papers.     The  following  steps  will  be  taken  if  the  title  is  satisfac- 
tory: 

(a)  The  deed  should  be  executed  and  recorded; 

(b)  The  abstract  extended  to  cover  the  same; 

(c)  Payment  made  by  the  local  fiscal  agent;  and 

(d)  The  title  papers  transmitted  with  his  voucher,  through  the 
Director's  office,  to  the  Auditor  (see  par.  '6). 

6.  Title  papers. — Title  papers  are  (a)  agreement  to  sell  (see 
pars.  7-12};  (b)  abstract  (see  pars.  13-16) ;   (c)   recorded  deed, 
with  copy  for  Director's  office  (see  pars.  17-18}  ;  (d)  opinion  of 
the  Assistant  Attorney  General  (see  par.  zp)  ;  (e)  possessory  cer- 


226  RECLAMATION  SERVICE  MANUAL. 

tificate  (see  par.  20);  (f)  any  additional  papers  not  incorporated 
(in  the  abstract,  necessary  to  show  clear  title. 

7.  Agreement    to    sell,  execution    of. — Agreement    to    sell 
(Form  7-276)  should  be  executed  with  the  owner,  or  with  a  trustee 
under  a  power  in  a  deed,  or  with  a  person  holding  a  power  of  at- 
torney from  the  owner  authorizing  him  to  do  so,  or  with  an  execu- 
tor having  such  power  under  a  will.     Where  the  agreement  to  sell 
is  made  with  any  person  other  than  the  owner  a  certified  copy  of 
the  power  to  so  act  must  accompany  the  contract.     When  the  agree- 
ment to  sell  is  made  with  the  owner,  it  must  indicate  whether  the 
owner  is  married  or  single,  and  if  married  both  husband  and  wife 
must  join,  except  where  the  local  laws,  or  the  conditions  under 
which  the  property  is  held  do  not  require  it.     It  is  better,  however, 
to  obtain  in  every  case  the  signature  and  acknowledgement  of  both 
husband  and  wife.     (See  OPTIONS.) 

8.  Administrators  and  executors. — An  administrator,  or  an 
executor  without  a  power  to  sell  in  the  will  has  no  authority  to 
make  a  contract  for  the  sale  or  conveyance  of  land  or  of  a  right  of 
way  thereon.     In  case  of  the  death  of  the  owner  without  a  will, 
the  real  estate  descends  to  the  heirs;  if  he  dies  leaving  a  will  the 
real  estate  goes  to  the  devisees,  subject  in  both  cases  to  the  payment 
of  debts  of  the  decedent.     The  heirs,  or  devisees,  must  all  join  in 
the  agreement. 

9.  Minors  and  guardians. — Neither  the  guardian  of  a  minor 
nor  the  guardian  of  an  insane  person  has  a  right  to  contract  to  sell 
or  convey  the  real  estate  of  his  ward  without  special  authority  from 
the  proper  court. 

10.  Conditions  and  limitations. — Special  conditions  and  limi- 
tations may  when  necessary  be  added  to  the  printed  forms  of  agree- 
ment in  reference  to  possession  of  premises,  growing  crops,  etc., 
pending  conveyance,  but  these  conditions  should  be  avoided  as  far 
as  possible,  and  the  time  limit  of  the  contract  should  be  fixed  with 
reference  to  these  matters.     Ample  time  should  be  given  in  the 
agreement  to  sell  for  the  preparation  of  an  abstract  of  title  and  for 
the  consideration  of  the -same  by  the  officials  at  Washington,  D.  C. 
It  should  not  be  dated  prior  to  being  signed  and  acknowledged  by 
the  vendor.     The  time  limit  for  the  approval  should  be  not  less  than 
two  months,  and  in  the  case  of  large  purchases  or  where  unusual 
conditions  are  involved  this  time  should  be  not  less  than   four 
months. 


LANDS,    ACQUISITION    OF.  227 

11.  Description. — In  all  agreements  to  sell,  the  description 
of  the  land  should  be  exactly  as  it  is  to  appear  in  the  deed  to  be 
subsequently  executed  in  pursuance  of  that  contract.  In  both 
the  agreement  and  deed  the  description  should  be  written  out  in 
full,  as  follows: 

The  Northwest  quarter  (NW*4)  Section  two  (2),  Town- 
ship Twenty-five  (25)  North,  Range  fifty-six  (56)  West, 
containing  one  hundred  and  sixty  (160)  acres — 

Descriptions  by  metes  and  bounds  must,  in  every  instance,  be  tied 
to  known  public  survey  corners  or  permanent  monuments  of  some 
kind,  capable  of  exact  identification  upon  the  ground  at  any  future 
time.  Complete  descriptions  must  always  be  furnished  promptly 
to  the  examiner  or  other  person  charged  with  the  negotiations  for 
purchase  and  the  preparation  of  the  papers,  and  before  such  papers 
are  executed  they  should  be  carefully  checked  by  a  member  of  the 
engineering  force  and  accurately  platted  in  order  to  make  sure  that 
the  description  given  is  complete  and  correct,  and  the  person  so 
checking  should  endorse  the  Director's  copy  "checked  as  to  engi- 
neering data,"  with  his  initials. 

12.  Possession,  termination  of  grantor's. — When  land,  the 
acquisition  of  which  is  necessary,  is  not  needed  at  once  and  can  be 
purchased  for  a  less  price  if  the  vendor  is  allowed  to  retain  pos- 
session until  the  land  is  needed,  an  arrangement  to  that  effect  may 
be  entered  into  by  including  a  reservation  clause  in  the  agreement 
to  sell  and  in  the  deed,  as  follows : 

The  vendor '  may  continue  to  occupy  and  use  the  said 

premises  for years  from  the  date  of  this 

instrument,  unless  the  United  States  shall  sooner  or  in  the 
meantime  notify  the  vendors  of  the  intent  of  the  United 
States  to  forthwith  flood  the  land  by  the  waters  of  the 
reservoir  (or  occupy  it  for  that  pur- 
pose for  which  it  is  purchased),  it  being  understood  that  the 
United  States  may  at  any  time  give  said  notice,  whereupon 
the  right  herein  granted  the  vendors  to  continue  to  occupy 
and  use  the  said  land  shall  immediately  cease  and  determine. 

In  cases  where  it  is  deemed  imperative  to  modify  the  foregoing 
clause  a  recommendation  therefor  with  full  report  should  be  sub- 
mitted to  the  Director.  Where  practicable,  however,  possession 


228  RECLAMATION  SERVICE  MANUAL. 

should  always  be  surrendered  to  the  Government  on  the  passing 
of  title. 

13.  Abstract  of  title. — Abstract  of  title  should  be  prepared 
with  appropriate  certificates  as  to  the  status  of  the  records  concern- 
ing the  land,  and  as  to  any  judgments,  taxes  and  other  liens  affect- 
ing the  same.     Abstracts  should  not,  however,  be  procured  at  the 
expense  of  the  Reclamation  Service  in  condemnation  cases.     (See 
par.  46.}     If  the  abstract  contains  a  large  number  of  entries  (ten  or 
more),  it  should  be  indexed,  and  if  the  title  to  a  ditch,  canal  or  canal 
system-  is  involved  the  abstract  should  be  accompanied  by  a  map  or 
maps  showing,  in  distinctive  colors,  the  ditch,  canal  or  system,  the 
lands  affected  thereby,  and  the  nearest  canal  or  work  of  the  Gov- 
ernment project.     Abstracts  should  be  prepared  by  a  bonded  ab- 
stractor or  abstract  company,  or  by  a  public  official  whose  duty  it 
is  to  furnish  such  information.     Where  such  parties  are  not  avail- 
able, the  agency  used  by  the  community  for  the  preparation  of  ab- 
stracts will  be  accepted  if  accompanied  by  certificate  of  some  offi- 
[cer  of  Reclamation  Service  and  United  States  Attorney  as  to  the 
^responsibility  of  such  agency.     The  Assistant  Attorney  General 
construes  strictly  all  certificates  to  abstracts  of  title,  especially  with 
reference  to  the  state  of  the  records  relative  to  taxes.     Care  should 
therefore  be  taken  to  have  all  certificates  to  abstracts  clear  and 
specific  in  all  particulars.     Relative  to  taxes  the  certificate  should 
certify  that  except  as  shown  by  the  abstract  there  are  no  tax  liens 
against  the  property  nor  any  taxes  levied  or  assessed  against  the 
property,  and  unpaid. 

14.  Copy  of  abstract. — A  copy  of  an  abstract  may  be  substi- 
tuted for  the  original,  but  in  such  case  it  must  be  certified  by  some- 
one connected  with  the  Service,  to  the  effect  that  it  has  been  com- 
pared with  the  public  records,  and  is  a  full,  true  and  correct  ab- 
stract of  all  papers  on  record  affecting  the  premises. 

15.  Procuring  of  abstract. — Ordinarily  the  vendor  should  be 
required  to  furnish  the  abstract  and  pay  all  filing  fees  for  such  pa- 
pers as  it  may  be  necessary  to  file  to  make  a  clear  record  title  in  the 
vendor,  and  the  cost  of  extending  the  abstract  to  include  the  deed 
to  the  United  States.     When,  however,  this  is  for  any  reason  im- 
practicable, the  United  States  may  procure  the  abstract  and  pay  the 
filing  fees,  but  in  such  case  section    2  of  Form  7-276    should    be 
stricken  out  and  appropriate  notation  made.     Unless  this  is  done 


LANDS,    ACQUISITION    OF.  229 

such  expenditure  is  not  allowable  under  the  form  of  agreement 
7-276,  which  requires  the  vendor  to  pay  for  the  recording  of  all 
papers  needed  to  show  good  title,  and  to  furnish  abstract  thereof, 
and  also  of  the  record  of  the  deed  conveying  the  property  to  the 
United  States.  Under  this  agreement  payments  so  made  must  be 
deducted  from  the  purchase  price;  otherwise  the  payments  are 
wholly  unauthorized  and  will  be  disallowed  by  the  Auditor.  The 
terms  of  the  agreement  will  govern  in  each  case,  and  no  bills  for 
abstracting  or  recording  should  be  paid  unless  warranted  by  the 
agreement. 

16.  Ordering  abstracts. — Whenever  recording  or  abstracting 
is  ordered  by  any  officer  of  the  United  States  and  payment  for  such 
service  is  not  to  be  made  by  the  United  States,  notice  in  writing  to 
that  effect  should  be  given  to  the  recorder  or  abstracter.     If  the 
work  should  be  paid  for  by  the  vendor,  and  is  in  fact  paid  for  by 
the  United  States  to  be  afterwards  deducted  from  the  purchase 
price,  a  definite  understanding  should  be  had  with  the  vendor  upon 
this  subject.     The  voucher  by  which  it  is  paid  should  bear  a  nota- 
tion that  the  amount  paid  will  be  deducted,  or  has  been  deducted 
from  the  purchase  price  with  reference  to  the  voucher  in  the  latter 
case. 

17.  Deed. — The  ordinary  form  of  warranty  deed,  or  its  equiv- 
alent, in  general  use,  will  be  acceptable  to  the  Department,  only  one 
material  change  being  required,  viz.,  the  insertion  of  the  italicised 
words  in  the  clause  to  the  following  effect,  usually  found  in  such 

deeds :   "For  and  in  consideration  of dollars  to 

him  in  hand  paid  in  pursuance  of  the  provisions  of  the  act  of  June 
17,  1902  (32  Slat.,  388},  by  the  said  party  of  the  second  part," 
etc.     The  grantee,  or  second  party  must  be  the  United  States,  and 
the  words  "heirs,  executors,  administrators,  successors,"  etc.,  when 
referring  to  the  second  party,  should  be  stricken  out,  and  the  sen- 
tence should  read  "the  party  of  the  second  part  and  its  assigns." 
When  so  provided  in  the  contract  a  quit-claim  deed  will  be  accep- 
table in  case  title  in  fee  is  not  vested  in  the  vendor.     One  copy  of 
the  proposed  form  of  deed  should  be  retained  by  the  engineer,  to 
be  executed  by  the  vendor  after  the  title  has  been  found  acceptable. 
If  married,  the  vendor's  wife  should  join  in  the  deed  under  the 
same  circumstances  as  in  the  agreement  to  sell.     The  description 
in  the  deed  should  agree  with  that  given  in  the  agreement  to  sell. 

18.  Recording  before  approved. — It  may  be  advisable  to  have 


230  RECLAMATION  SERVICE  MANUAL. 

the  deed  executed  before  the  title  is  approved  by  the  Assistant  At- 
torney General,  but  in  such  cases  the  deed  should  not  be  filed  for 
record  until  the  title  has  been  approved  and  the  purchase  author- 
i        ized  by  the  Secretary. 

19.  Opinion  of  the  Assistant  Attorney  General. — The  Depart- 
ment, in  returning  the  abstract  and  related  papers  for  further  action, 
after  examination  by  the  Assistant  Attorney  General,  transmits  an 
"Official  Copy"  of  the  latter's  opinion  thereon,  together  with  other 
informal  copies ;  this  "Official  Copy"  then  becomes  one  of  the  title 

*     i  papers  and  should  always  accompany  the  abstract. 

20.  Possessory    certificate. — A   certificate   relative   to  occu- 
pancy made  by  an  officer  of  the  Service  who  has  personally  exam- 
ined the  land  must  accompany  all  abstracts  of  title  submitted  for 
examination  and  opinion.     It  must  be  to  the  effect  that  the  pro- 
posed grantor  (naming  him)  is  in  actual,  sole  and  exclusive  pos- 
session of  the  land,  claiming  to  be  the  owner,  and  that  no  person 
claiming  adversely  to  him  is  in  possession  or  occupation  of  any  part 
of  the  land,  if  such  are  the  facts,  and  if  not,  the  facts  must  be  cer- 
tified as  found  to  exist;  as  for  example,  if  such  land  is  occupied 
in  whole  or  in  part  by  someone  other  than  the  owner  the  facts  con- 
cerning such  occupancy,  together  with  statement  of  the  claim  under 
which  the  same  is  held,  should  be  stated  in  the  certificate.     It  should 
be  substantially  in  the  following  form : 

Possessory  Certificate,  Reclamation  Service. 

Project 1 9  .... 

I,  (giving  name  and  title)  of  the  United  States  Reclama- 
mation  Service,  certify  that  I  have  personally  examined  the 
land  sought  to  be  acquired  by  the  United  States  from 

,  in  the 

Sec ,  T 

R.,   M.,   

for project,  and  that  the  said  pro- 
posed grantor  was  in  actual,  sole,  and  exclusive  possession 
of  the  land  proposed  to  be  conveyed,  claiming  to  be  the  own- 
er, and  no  person  claiming  a  right  in  such  land  adverse  to 
the  grantor  is1  in  possession  of  any  part  of  it. 


(title) 


IvANDS,    ACQUISITION    OF.  231 

21.  Papers,  transmission    of. — In  land  purchases  there  are 
three  transmissions  of  the  papers :  (a)  transmission  of  the  agree- 
ment to  purchase,  and  related  papers  (see  pars.  22,  24}  ;  (b)  trans- 
mission of  abstract  and    related    papers  (see  pars.  25,  26}  ;   (c) 
transmission  of  title  papers  (see  pars.  27,  28}. 

22.  Transmission  of  agreement. — Immediately  upon  the  exe- 
cution of  the  agreement  to  purchase  it  must  be  forwarded  to  the  Di- 
rector, with  the  necessary  copies,  affidavit  of  disinterestedness,  etc., 
as  required  in  case  of  all  contracts  (see  CONTRACTS,  PAR.  35) ;  and 
in  addition  thereto:  (a)  report  on  land  agreement  (see  par.  23}  ; 
and  (b)  certificate  of  engineer  (see  par.  24}. 

23.  Report  on  land  agreement. — This  report  should  be  made 
on  Form  7-281,  and  where  the  land  is  described  by  course  and  dis- 
tance must  be  accompanied  by  a  map  or  plat  showing  the  land  to 
be  acquired,  with  all  courses  and  distances  plainly  indicated  and  the 
public  land  survey  subdivisions  clearly  laid  off,  showing  at  a  glance 
in  just  which  legal  subdivision  or  subdivisions  the  land  lies.     The 
report  should  state  fully  the  details  of  fixing  the  price,  indicating 
price  per  acre  for  the  different  classes  of  land  orchard,  alfalfa,  un- 
cultivated, etc.,  and  the  valuation  of  the  improvements  separately, 
houses,  barns,  etc. 

24.  Certificate  of  officer. — This  certificate  must  be  to  the  ef- 
fect that  the  land  is  necessary  for  the  purposes  authorized  by  the 
Reclamation  Act,  and  that  the  consideration  agreed  upon  is  reason- 
able, with  a  definite  recommendation  that  the  agreement  to  sell  be 
approved.     This  certificate  should  also  contain  any  other  valuable 
information  relative  to  the  transaction  not  given  in  the  report  on 
land  agreements. 

25.  Transmission  of  abstract  and  related  papers. — As  soon  as 
title  has  been  cleared  of  all  apparent  defects',  the  (a)  abstract,  (b) 
approved  agreement  to  sell,  (c)  the  possessory  certificate,  (d)  draft 
of  the  deed  proposed  to  be  executed  (of  which  the  original  should 
be  retained  to  be  executed  by  vendor  if  the  purchase  is  finally  au- 
thorized), and,  if  the  land  is  described' by  metes  and  bounds,  (e) 
a  map  or  plat  similar  to  the  one  accompanying  the  officer's  re- 
port should  be  transmitted  to  the  United  States  Attorney  for  his 
consideration  and  opinion,  and  the  Director  at  once  notified  of  that 
fact.     The  letter  of  transmittal  should  request  the  United  States 
Attorney,  if  satisfactory  title  is  not  shown  in  the  vendor,  to  return 
papers  with  his  opinion  pointing  out  the  defects  and  indicating 


232  RECLAMATION  SERVICE  MANUAL. 

how  they  may  be  remedied,  but  if  the  title  appears  to  be  satisfactory, 
to  forward  the  papers  with  his  opinion  thereon,  to  the  Assistant 
Attorney  General  for  the  Interior  Department,  Washington,  D.  C. 
If  the  papers  are  returned  by  the  United  States  Attorney,  the  de- 
fects pointed  out  in  his  opinion  should  be  remedied,  and  the  papers 
resubmitted  to  him  with  like  request.  If  for  any  reason  the  ab- 
stract cannot  be  submitted  to  the  United  States  Attorney  for  his 
opinion,  it  should  be  sent  to  the  Director,  accompanied  by  the  opin- 
ion of  the  examiner,  for  submission  to  the  Assistant  Attorney  Gen- 
eral. The  papers  when  submitted  in  this  manner  should  be  ac- 
companied by  an  explanation  of  the  reasons  therefor. 

26.  Defective  title,  resubmission  of  papers. — If,  upon    sub- 
mission of  the  papers  to  the  Assistant  Attorney  General  the  title  is 
found  imperfect  the  papers  will  be  returned  to  the  field,  with  the 
opinion,  for  the  necessary  corrections,  and  the  abstract  should  then 
be  brought  up  to  date  and  again  submitted  through  the  United 
States  Attorney  for  re-examination. 

27.  Transmission    of   title   papers. — If,  upon  submission  of 
the  abstract  and  related  papers  to  the  Assistant  Attorney  General, 
title  is  found  to  be  satisfactory,  the  papers  will  be  returned  through 
the  Director's  office ;  the  deed  should  then  be  executed  and  recorded 
and  abstract  extended  to  cover  the  same.     If  no  change  has  oc- 
curred in  the  title,  payment  of  the  purchase  price  may  be  made  by 
the  local  fiscal  agent  with  proper  deductions  to  cover  unpaid  taxes 
or  liens  (see  par.  28}.     Upon  making  payment,  the  fiscal  agent 
should  transmit  with  his  voucher  (a)  the  recorded  deed,  with  copy 
for  Director's  office;  (b)  the  agreement  to  sell;  (c)  abstract  of  title 
and  related  papers,  with  the  opinion  or  opinions  of  the  Assistant 
Attorney  General  thereon. 

28.  Deductions  for  liens. — In  cases  where  there  are  taxes  or 
other  liens  against  the  property  and  the  Assistant  Attorney  Gen- 
eral's opinion  permits  the  retention  out  of  the  purchase  price  of 
sufficient  funds  to  satisfy  the  same,  the  following  procedure  should 
be  followed: 

(a)  In  all  cases  where  the  lien  is  payable  the  payment  to  the 
grantor  and  satisfaction  of  the  lien  should,  if  practicable,  be  con- 
current, so  that  the  voucher  numbers  can  be  consecutive.  Where 
practicable  the  abstract  of  title  should  be  extended  to  cover  the 
satisfaction  of  the  lien,  and  appropriate  notation  made  on  the 


LANDS,   ACQUISITION    OF.  233 

voucher  therefor  to  that  effect;  where  it  is  not  practicable  to  have 
the  abstract  so  extended,  the  certificate  of  the  proper  State  officer 
showing  the  record  of  the  satisfaction  of  the  lien  should  accompany 
the  voucher  therefor,  and  bear  appropriate  notation  to  attach  the 
certificate  to  the  abstract,  giving  the  fiscal  agent's  number  of  the 
voucher  to  which  abstract  is  attached. 

(b)  In  all  cases  where  the  lien  is  not  yet  payable   (as  where 
taxes  are  a  lien,  but  the  time  when  the  proper  State  officer  is  au- 
thorized to  accept  payment  has  not  arrived)  the  grantor  may  be 
paid,  with  proper  deduction,  and  voucher  for  such  payment,  accom- 
panied by  title  papers,  forwarded  in  due  course,  with  appropriate 
notation  as  to  retention  of  part  of  purchase  price  to  satisfy  the  lien. 
As  soon  as  such  lien  is  payable,  it  should  be  paid  out  of  the  retained 
portion  of  the  purchase  price,  the  voucher  for  the  payment  being 
accompanied  by  the  proper  evidence  of  the  satisfaction  of  said  lien 
of  record,  which  latter  should  have  an  appropriate  notation  to  at- 
tach the  same  to  the  abstract  covering  the  purchase,  giving  the  fiscal 
agent's  number  of  the  voucher  to  which  the  abstract  is  attached 

(c)  In  all  cases  where  the  grantor  subsequently  procures  the 
satisfaction  of  the  lien  (as  in  case  of  taxes  against  an  entire  tract 
of  which  the  United  States  purchases  a  portion  only  and  the  subse- 
quent payment  of  the  taxes  against  the  entire  tract  by  the  grantor) 
the  voucher  to  the  grantor  for  the  balance  of  the  purchase  price 
retained  to  satisfy  such  lien  should  be  accompanied  by  the  proper 
evidence  of  the  satisfaction  of  such  lien  of  record  with  notation 
referring  to  the  abstract  as  in  other  cases. 

29.  When  time  commences  to  run. — The  notice  to  the  vendor 
to  furnish  an  abstract  of  title  and  to  procure  and  have  recorded 
assurances  of  title  necessary  and  proper  to  show  clear  and  unin- 
cumbered  title  in  him  fixes  the  date  from  which  time  may  be 
counted  in  favor  of  the  United  States  for  extension  of  the  option 
as  provided  in  the  agreement,  in  case  it  be  found  necessary  to  do 
so.     This  notice  must  be  properly  given  upon  receipt  of  advice 
that  the  agreement  to  sell  has  been  approved  (see  par.  5). 

COMPENSATION  OF  SETTLERS  FOR  LANDS  TAKEN 

30.  When  compensation  may  be  made. — When  it  becomes 
necessary  to  acquire  land  for  which  there  is  a  claim  by  reason  of  a 
settlement  or  uncompleted  entry  made  prior  to  the  first  form  with- 
drawal thereof,  compensation  must  be  made  to  such  prior  entryman, 


234  RECLAMATION  SERVICE  MANUAL. 

and  compensation  is  permissible  to  such  prior  settler,  who  has  not 
made  entry,  to  the  extent  of  the  reasonable  value  of  his  improve- 
ments. Bona  fide  prior  entrymen  upon  such  of  the  lands  as  are 
surveyed  are  entitled  to  compensation  for  their  improvements,  the 
enhanced  value  to  the  land  by  reason  of  the  improvements,  and  the 
loss  of  their  inchoate  right  to  the  lands  (34  L.  D.,  155),  if  such 
lands  are  to  be  used  for  reservoirs  or  other  irrigation  works  inde- 
pendently of  canal  right  of  way.  If  lands  are  to  be  used  for  canals 
or  ditches,  the  United  States  has  a  right  of  way  under  the  Act  of 
August  30,  1890  (26  Stat,  391),  providing  the  entry  was  made 
subsequent  to  October  2,  1888  (17  L.  D.,  521).  No  right  can 
be  acquired  against  the  United  States  by  settlement  on  unsur- 
veyed  land  and  such  settler  is  not  entitled  to  compensation  for  im- 
provements (U.  S.  v.  Hanson,  167  Fed.,  881),  but  the  policy  of  the 
service  has  been  to  make  reasonable  compensation  therefor.  The 
rights  of  the  United  States  under  the  act  of  August  30,  1890,  are 
upheld  by  the  United  States  District  Court  of  Colorado  in  the  case 
of  United  States  vs.  Martin  Van  Horn  et  a/.,  decided  June  12,  1912. 
An  entryman  on  unsurveyed  land  under  the  desert  land  law  has 
probably  the  same  right  as  on  surveyed  land,  but  this  question  has 
not  been  conclusively  decided. 

31.  Persons  entitled  to  compensation. — In  order  to  entitle  en- 
trymen or  settlers  to  compensation  in  such  cases  they  must  be  bona 
fide,  that  is,  they  must  be  qualified  to  make  entry  under  the  public 
land  laws,  and  must  have  in  good  faith  complied  with  the  law  up  to 
the  date  of  the  withdrawal.  Settlers  on  unsurveyed  land  cannot,  by 
reason  of  the  unsurveyed  condition  of  the  land,  comply  with  the 
land  laws.  They  must,  however,  be  qualified  to  make  entry,  must 
have  settled  upon  the  land  with  such  intention,  must  have  resided 
upon  it,  and,  so  far  as  the  condition  of  the  land  by  reason  of  its 
being  unsurveyed  permits,  they  must  have  complied  with  the  pro- 
visions of  the  land  laws.  If  such  laws  have  not  been  complied 
with,  the  party  is  not  entitled  to  compensation  but  he  may  remove 
his  improvements  if  such  removal  will  not  impair  the  property  of 
the  United  States  (34  L.  D.,  155). 

Where  satisfactory  final  proof  has  been  submitted  by  the  entry- 
man the  status  of  the  entry  with  reference  to  the  measure  of  com- 
pensation is  the  same  as  if  final  certificate  had  issued.  (Opinion 
of  Attorney  General,  June  21,  1906,  H.  E.,  6309,  Horace  J.  Dres- 


LANDS,    ACQUISITION    OF.  235 

ser,  Boise. )     In  such  cases  and  when  final  certificate  has  issued  but 
patent  has  not  yet  issued  the  value  of  the  land  is  the  same  as  though 
patent  had  issued.     However,  in  order  to  avoid  double  conveyance     |x 
of  title  issuance  of  patent  will  be  suspended  upon  proper  recom- 
mendation pending  negotiations  to  purchase. 

32.  Method  of  determining  compensation. — Compensation  is 
to  be  based  on  the  status  of  the  land  at  the  time  of  the  withdrawal 
(34  L.  D.,  421;  35  L.  D.,  459).     In  determining  the  compensation 
(a)  the  value  of  the  improvements,  (b)  the  enhanced  value  of  the 
land  by  reason  thereof,  and  in  case  of  surveyed  land  (c)  the  loss 
sustained  by  the  settler  in  depriving  him  of  his  inchoate  rights  by 
the  arbitrary  taking  of  lands  which  he  had  cultivated,  improved 
and  resided  upon  under  authority  of  law,  with  a  view  to  the  ac- 
quisition of  the  title,  should  all  be  taken  into  consideration  (34  L,.^ 
D.,  155). 

33.  Agreements  for  compensation  of  settlers. — Agreements 
for  compensation  for  improvements  on  lands  thus  appropriated 
should  be  entered  into  on  Form  7-523,  modified  to  suit  the  particu- 
lar case,  subject  to  approval,  as  in  case  of  ordinary  contracts.     (See 
par.  j#.)     Wherever  the  agreement  is  for  improvements  on  right      > 
of  way  reserved  under  Act  of  August  30,  1890,  it  should  also  con- 
tain an  article  as  follows : 

Article  — .  It  is  understood  and  agreed  by  and  between 
the  parties  hereto  that  the  strip  of  land  herein  described  is 
subject  to  appropriation  and  use  for  right  of  way,  for  canals 
or  ditches  constructed  by  the  authority  of  the  United  States    - 
under  and  by  virtue  of  the  act  of  Congress  of  August  30, 
1890   (26  Stat.  L.,  391),  and  the  contractor  hereby  con-     0 
firms  to  the  United  States  a  right  of  way  upon. said  strip  of      ' 
land  for  such  use. 

^— "^ 

34.  Certificate  as  to    taxes. — In  the  public-land  States  im-  } ^ 

provements  by  entrymen  or  settlers  are  generally  regarded  as  per-    ; 
sonal  property  subject  to  taxation,  and  before  paying  for  the  same 
the  certificate  of  the  officer  having  charge,  of  the  tax  records  in  the 
county  should  be  obtained  showing  the  condition  of  the  property  in 
respect  to  levy  and  payment  of  taxes  for  the  years  since  the  entry.      ^ 
Certificate  should  also  be  secured  from  the  proper  officer,  showing 
that  there  is  no  existing  mortgage  on  the  improvements. 

35.  Proof  to  accompany  agreement. — With  every  agreernenjtf^ 


236  RECLAMATION  SERVICE  MANUAL. 

for  compensation  for  the  improvements  upon  unsurveyed  land, 
there  should  be  furnished  a  sworn  statement  by  the  party,  briefly 
stating  the  facts  of  settlement,  and  of  his  qualifications  and  inten- 
tions to  make  entry  when  the  land  is  surveyed.  Persons  executing 
contracts  on  behalf  of  the  United  States  for  compensation  for  im- 
provements should  certify,  in  addition  to  the  other  matters  re- 
quired, as  to  the  facts  considered  in  determining  the  good  faith 
of  the  settler. 

36.  Condemnation  of  settlers'  improvements. — Whenever  an 
agreement  cannot  be  made  with  the  entryman  or  settler,  as  to  the 
amount  to  be  paid,  the  same  procedure  should  be  taken  as  in  con- 
demnation proceedings  for  private  lands   (38  L.  D.,  58).      (See 
pars.  40-46.) 

37.  Entry  and  application  to  enter. — The  distinction  between 
an  entry  and  an  application  to  enter  should  be  noted.     The  applica- 
tion to  make  entry  is  an  act  preceding  the  allowance  of  an  entry, 
and  until*  a  homestead  or  desert  land  entry  has  been  filed  and  ac- 
cepted in  due  form,  it  will  not  prevent  the  attachment  of  the  with- 
drawal.    So  also  an  application  to  purchase  timber  and  s\bne  land 
is  not  effective  as  against  a  withdrawal  until  final  proof  has  been 
submitted  and  payment  has  been  made.     A  mere  applicant  for  entry 
is  not  entitled  to  compensation.     In  case  of  doubt  the  matter  should 
be  referred  to  the  Director  for  advice. 

38.  Inchoate  right  only  acquired. — In  those  cases  where  an 
entryman  is  entitled  to  compensation  it  will  be  observed  the  title  to 
the  land  has  never  passed  from  the  United  States  and  what  is  to  be 
acquired  is  not  the  land  but  the  inchoate  right  thereto.     The  pro- 
cedure  in   such  cases   is:    (a)    If   an   entire   legal   subdivision   is 
involved  a  relinquishment  to  the  United  States  is  sufficient,  and  a 
certificate  should  be  obtained  from  the  register  and  receiver  of  the 
local  land  office  showing  that  the  entry  was  valid  and  subsisting  at 
the  time  of  the  relinquishment,  and  that  it  has  been  relinquished 
and  canceled  on  the  records  of  the  land  office.     This  certificate 
should  accompany  the  voucher  of  the  special  fiscal  agent  in  lieu  of 
the  deed  or  relinquishment,  which  will  be  retained  in  the  local  land 
office,   (b)  Where  less  than  a  legal  subdivision  is  to  be  acquired, 
which  cannot  be  described  in  the  ordinary  way  (by  quarters  and 
halves)  deed  to  the  land  to  be  acquired  should  be  taken  from  the 
entryman,  recorded  in  the  proper  county,  and  transmitted    with 


LANDS,   ACQUISITION    OF.  337 

title  papers,  and  recommendation  that  reservation  be  made  in  the 
patent  of  the  lands  described  in  the  deed.  When  patent  is  issued 
it  will  contain  a  reservation  to  the  United  States  of  the  rights  cov- 
ered by  the  deed.  j;(c)  Where  an  easement  only  is  all  that  is  neces- 
sary to  be  acquired"  as  a  right  of  way  or  easement  of  flowage,  deed 
of  easement  describing  particularly  the  boundary  of  the  right  de- 
sired by  reference  to  a  centerline  survey,  or  in  case  of  a  flowage 
right  by  reference  to  a  meander  line  or  other  appropriate  manner, 
should  be  taken  from  the  entryman,  and  the  same  procedure  fol- 
lowed as  in  (b)  above.  This  procedure  is  authorized  by  Depart- 
mental letter  of  March  5,  1913,  and  dispenses  with  the  necessity  of 
subdivisional  surveys  in  all  cases  where  the  entry  precedes  the 
withdrawal.  Wherever  procedure  is  taken  under  (b)  or  (c)  the 
report  should  state  whether  the  lands  are  included  in  any  existing 
withdrawal — with  date  thereof;  if  not  included  in  a  first  form 
withdrawal,  recommendation  for  such  withdrawal  should  accom- 
pany the  report. 

39.  Rights  of  way  reserved  under  Act  of  August  30,  1890. — 
Where  thfe  right  of  way  desired  is  reserved  under  the  Act  of  August 
30,  1890  (26  Stat,  391),  the  land  owner  should  be  served  with 
notice  that  his  land  is  subject  to  such  reservation,  and  it  is  proposed 
to  construct  a  ditch  or  canal  over  the  same,  using  Form  7-263  for 
that  purpose.     This  notice  should  only  be  given  after  the  construc- 
tion of  the  ditch  or  canal  and  its  definite  location  has  been  finally 
determined,  as  issuance  of  this  notice  prior  to  that  time  might  com- 
mit the  Service  to  the  construction  of  a  ditch  or  canal  over  a  par- 
ticular route,  and  thus  introduce  a  complication  which  might  in- 
terfere with  negotiations  for  the  purchase  of  rights  of  way  at  other 
points  along  the  same  line. 

CONDEMNATION  PROCEEDINGS. 

40.  Reports. — Whenever  the  price  to  be  paid  for  lands,  the 

acquisition  of  which  is  necessary,  cannot  be  agreed  upon  with  the 
owner  thereof,  a  report  stating  all  the  circumstances  and  the 
amount  demanded  by  the  owner,  the  amount  offered,  and  what  in 
the  opinion  of  the  engineer,  or  person  designated  to  conduct  pur- 
chase negotiations,  is  the  reasonable  value  thereof,  should  be  at 
once  sent  to  the  Director,  with  a  definite  recommendation  that  con- 


238  RECLAMATION  SERVICE  MANUAL. 

demnation  proceedings  be  instituted  for  the  same.     It  is  preferable 
to  purchase  whenever  a  reasonably  fair  price  can  be  agreed  upon. 

41.  Written  offer  to  be  made. — In  conducting  the  negotia- 
tions prior  to  condemnation  proceedings,   it  is  important  that  a 
definite  offer  in  writing  be  made  the  owner,  and,  if  possible,  a 
definite  refusal,  or  counter  offer,  in  writing,  be  obtained  from  him. 
Statement  thereof  and  copies  of  the  letters  should  be  incorporated 
in  the  report.     It  is  often  advantageous  to  make  full  report  in  ad- 
vance of  recommendation   for  condemnation  so  that  in  cases  of 
emergency  the  recommendation  may  be  made  by  telegram.     In 
such  case  all  necessary  data  will  be  available  in  the  Director's  office 
for  submitting  the  matter  to  the  Attorney  General. 

42.  Recommendation. — It  is  important  that  this  report  and 
recommendation  be  made  promptly,  in  order  that  the  Secretary 
may  request  that  authorization  be  given  the  United  States  Attorney 
to  institute  condemnation  proceedings  in  time  to  acquire  the  right  of 
possession  of  the  premises  when  needed  for  construction  purposes. 
In  making  request  to  the  Attorney  General  the  letter  will  state  that 
"it  is  necessary  or  advantageous  that  condemnation  proceedings  be 
instituted  for  the  acquisition  of  the  lands  desired  to  be  condemned, 
pursuant  to  the  authority  conferred  by  section  7  of  the  act  of  June 
17,  1902   (32  Stat,  388)."     The  recommendation  should  contain 
an  accurate  description  of  the  land  if  such  description  be  short  and 
simple;  if  long  and  complicated  the  recommendation  should  refer 
to  and  be  accompanied  by  a  black  and  white  print  (in  triplicate) 
showing  the  lands  to  be  condemned.     If  final  description  cannot 
be  given  at  the  time  the  recommendation  is  made  it  should  be  sup- 
plied as  above  as  soon  as  practicable  thereafter. 

The  description  will  be  incorporated  in  the  draft  of  the  Sec- 
retary's letter  to  the  Attorney  General  asking  the  institution  of  the 
action  if  it  accompanies  the  recommendation.  If  the  description 
cannot  be  furnished  at  time  recommendation  is  made  it  will  be  sub- 
mitted for  approval  of  the  Secretary  when  received  and  evidence 
of  such  approval  when  made  supplied  the  field  for  use  of  the  United 
States  Attorney  in  the  action,  it  being  necessary  to  allege  that  the 
Secretary  of  the  Interior  has  selected  the  particular  tract  of  land 
involved  for  use  in  connection  with  operations  under  the  Reclama- 
tion Act.  (U.  S.  v.  Van  Home,  197  Fed.,  611.) 

43.  Possession  and  payment. — In  the  case  of  United  States 


LANDS,    ACQUISITION    OF.  239 

vs.  O'Neill  (198  Fed.,  677)  it  was  held  (a)  that  the  United  States 
in  instituting  condemnation  proceedings  is  not  exercising  the  State's 
power  but  is  exercising  its  own  sovereign  right,  following  numerous 
decisions  of  the  United  States  Supreme  Court,  and  is  not,  there- 
fore, bound  by  the  limitations  and  restrictions  placed  upon  the  ex- 
ercise of  that  power  by  the  State  statutes;  (b)  that  the  only  restric- 
tion placed  upon  the  exercise  of  that  power  by  the  United  States  is 
that  provided  by  the  Fifth  Amendment  to  the  Constitution,  to  wit, 
that  just  compensation  shall  be  made.  The  court  concluded  that 
payment  of  the  compensation  need  not  precede  the  occupancy  ol 
the  property  and  granted  an  order  letting  the  United  States  into 
possession.  It  will,  therefore,  hereafter  not  be  necessary  to  wail 
the  determination  as  to  what  is  just  compensation  before  asking 
for  an  order  of  possession.  Such  order  can  be  issued  immediately 
upon  the  court's  determination  that  the  use  for  which  the  property 
is  being  condemned  is  a  public  use. 

44.  Compromise    of   condemnation   suit. — When    after    the 
commencement  of  a  condemnation  suit  the  defendant  is  willing  to 
accept  the  price  offered  by  the  United  States,  such  compromise  may 
be  accepted  by  the  Government,  provided  the  defendant  in  the  con. 
tract  of  sale  or  stipulation  for  judgment  agrees  and  consents  to 
have  the  condemnation  suit  dismissed  at  his  cost.     Compromises 
of  condemnation  suits  on  bases  other  than  the  above  will  be  ap- 
proved only  in  exceptional  cases.     In  any  case  of  compromise  re- 
port should  be  made  of  all  the  facts  to  the  Director,  with  recom- 
mendation that  the  suit  be  stayed  pending  the  negotiations  looking 
to  a  compromise;  and  thereupon  if  the  matter  is  approved  by  the 
Director,  appropriate  action  will  be  taken  to  stay  the  proceedings. 

45.  Final  judgment  and  payment. — When  final  judgment  has 
been  obtained  a  certified  copy  thereof  should  be  forwarded  to  the 
Director  in  order  that  prompt  application  may  be  made  for  Treas- 
ury warrant  for  payment  or  for  any  additional  payment  if  part  pay- 
ment has  been  made. 

46.  Payment  by  Treasury  warrant. — Payment  in  condemna- 
tion cases  will  be  made  by  Treasury  warrant  in  favor  of  the  judg- 
ment creditor,  sent  to  the  United  States  Attorney  in  whose  district 
the  action  was  brought,  in  order  that  he  may  secure  the  proper  satis- 
faction of  the  judgment.     When,  therefore,  certified  copies  of  the 
papers  are  forwarded,  the  letter  of  transmittal  should  indicate  the 


240  RECLAMATION  SERVICE  MANUAL. 

name  and  address  of  the  United  States  Attorney  in  whose  district 
the  judgment  was  obtained. 

47.  Abstracts  of  title  in  condemnation  cases. — Abstracts  of 
title  should  not  be  procured  by  the  Reclamation  Service  in  condem- 
nation cases.     The  Department  of  Justice  will  procure  abstracts 
when  deemed  necessary  in  such  cases. 

DONATION  OE  LANDS   (PARS.  47,  48  AND  49). 

48.  Abstract  not  necessary. — Where  lands  necessary  in  con- 
nection with  the  construction,  or  operation  of  irrigation  works,  are 
donated  or  purchased  for  a  merely  nominal  consideration  no  ab- 
stract of  title  need  be  furnished  or  procured.     In  such  cases  the 
land  should  be  personally  examined  by  some  one  in  the  Service, 
and  an  examination  made  of  the  tax  records. of  the  county  where 

•i  -  the  land  is  situated.  If  the  land  is  not  occupied  adversely  to  the 
reputed  owners,  and  the  tax  records  indicate  them  to  be  the  owners. 
{  a  certificate,  similar  to  the  possessory  certificates  required  in  land 
purchases,  but  certifying  in  addition  that  the  tax  records  indicate 
them  to  be  the  reputed  owners,  signed  by  the  person  making  the 
examination,  should  be  transmitted  with  the  deed  to  the  Director. 
When  these  examinations  are  made  by  different  persons  two  cer- 
tificates should  be  made. 

49.  Report. — A   report    should   also   accompany  the  papers, 
stating  whether  there  are  any  liens  or  taxes  against  the  property, 
and  if  so  their  amount,  and  other  detailed  information  with  refer- 
ence thereto. 

50.  Liens,  provisions  for. — If,  in  such  cases,  an  agreement  to 
sell  is  entered  into,  provision  may  be  inserted  whereby  the  payment 
of  such  lien  is  assumed  by  the  United  States  so  far  as  it  affects 
the  land  so  deeded. 

51.  Monthly  report. — The  examiner  engaged  in  right  of  way 
negotiations  or  in  negotiations  for  the  purchase  of  lands  will  make 
monthly  reports  of  progress  to  the  Director  not  later  than  the  10th 
of  the  succeeding  month  with  copy  to  the  supervising  engineer. 
Such  reports  should  be  accompanied  by  map  on  a  suitable  and  con- 
venient scale.     A  special  map   need   not  be  prepared,   the   small 
project  map  being  sufficient.     If,  however,  a  special  map  is  pre- 
pared, it  should  be  on  a  scale  of  a  half  inch  to  the  mile.     The  map 
should  show  the  lands  to  be  acquired  as  follows : 


LANDS,    ACQUISITION    OF.  241 

(a)  Red  hatching — Lands   for  which  no  contracts  have  been 

made. 

(b)  Yellow  hatching — Lands   for   which   contracts   have  been 

executed,  but  not  yet  approved. 

(c)  Green  hatching — Lands  for  which  contracts  have  been  ap- 

proved. 

(d)  Blue  hatching — Lands  for  which  abstracts  have  been  sub- 

mitted to  United  States  Attorney. 

(e)  Black  hatching — Lands  for  which  abstracts  have  been  ap- ' 

proved. 

(f )  Blue  tint  (solid) — Lands  which  have  been  finally  acquired. 
If  there  has  been  no  change  since  the  preceding  month  it  will 

be  sufficient  to  make  such  report  without  preparing  a  map 
showing  the  status  of  the  purchases.  If  all  purchases  neces- 
sary have  been  made  a  statement  to  that  effect  will  be  suffi- 
cient. 

52.  Canal  system,  purchase  of. — In  the  purchase  of  a  canal 
system  already  constructed,  it  often  happens  that  the  right  of  way 
is  held  by  prescription  and  not  record  title.  In  such  case  the  agree- 
ment to  sell  and  subsequently  executed  deed  should  be  modified  so 
as  to  read : 

"It  is  understood  that  as  to  a  portion  of  the  right  of 
way  proposed  to  be  conveyed  the  right  of  the  vendor  is  not 
evidenced  by  formal  deed  of  conveyance,  but  rests  upon  un- 
interrupted and  undisputed  possession  and  user  for  at  least 

years,   and  the  price  to  be  paid  having 

been  fixed  in  view  of  this  condition,  a  conveyance  of  all  claim 
or  right  the  vendor  may  have  is  to  be  considered  and  ac- 
cepted as  compliance  with  the  provisions  of  this  contract  as 
to  the  portion  of  the  right  of  way  so  held." 

The  number  of  years  the  property  has  been  occupied  and  used 
for  canal  purposes  must  be  not  less  than  the  period  prescribed  by 
the  law  of  the  State  in  which  the  land  is  situated  for  acquiring  title 
by  adverse  possession.  This  modification-  should  be  made  only  in 
respect  of  rights  of  way  for  works  already  constructed,  and  never 
as  to  purchases  of  land  for  rights  of  way  for  canals,  ditches,  or 
other  works  proposed  to  be  constructed  by  the  Government;  that 
is,  the  form  as  printed  should  be  used  generally,  and  the  modified 
form  only  in  the  exceptional  case  where  needed  in  the  purchase  of 
a  constructed  canal. 


24:2  RECLAMATION  SERVICE  MANUAL. 

53.  Indian  lands,  purchase  of. — In  all  acquisitions  of  land  or 
property  from  Indians  under  the  control  of  the  Bureau  of  Indian 
Affairs,  the  Department  requires  that  the  deeds  and  other  related 
papers  should  be  accompanied  by  report  from  the  officer  in  charge 
of  the  Indians.  When  such  papers  are  prepared,  therefore,  they 
should  be  submitted  with  duplicate  copy  to  the  Superintendent  or 
other  officer  in  charge  of  Indian  Affairs  in  the  field,  the  duplicate 
copy  to  be  transmitted  by  him  to  the  Commissioner  of  Indian  Af- 
fairs, with  his  report  as  to  the  fairness  of  the  transaction,  the  dis- 
position of  the  money,  etc.  Tlie  original  copy  should  be  returned 
to  the  officers  of  the  Reclamation  Service  presenting  the  same  ac- 
companied by  a  statement  of  his  views  thereon,  for  transmittal  to 
the  Director  of  the  Reclamation  Service  to  be  taken  up  by  him  with 
the  Commissioner  of  Indian  Affairs,  with  the  view  to  obtaining  the 
approval  thereof  by  the  Secretary  of  the  Interior. 

LEASE  OF  GOVERNMENT  LANDS. 

Approval  of  leases,  par.  2. 

Bird  preserves,  par.  6. 

Land  must  be  vacant,  par.  5. 

Rent,  par.  4. 

Standard  form  of  lease,  par.  3. 

Temporary  leases  of  withdrawn  land,  par.  1. 

1.  Temporary  leases  of  withdrawn  land. — Leases  of  lands 
acquired  or  reserved  in  any  irrigation  project,  may  be  made  when 
the  use  of  the  land  under  the  proposed  lease  will  not  interfere  with 
the  use  and  control  of  the  lands  when  they  are  needed  for  the  pur- 
poses contemplated  by  the  purchase  or  reservation  of  such  lands.' 
(34  L.  D.,  481.) 

2.  Approval  of  leases. — Leases  of  lands  withdrawn  under  the 
first  form,  or  held  by  the  United  States  in  fee  simple,  if  made  upon 
the  standard  form  of  lease,  for  a  period  not  exceeding  two  years, 
or  at  an  annual  rental  of  not  exceeding  $500,  will  not  require  the 
approval  of  the  Director,  but  may  be  treated  as  field  contracts. 
When  advertisement  is  dispensed  with  in  the  case  of  either  large 
or  small  leases  of  this  nature,  certificate  should  be  made  explaining 
the  failure  to  advertise,  which  must  bring  the  case  within  the  ex- 


LIABILITY  ACCOUNTS.  243 

ceptions  noted  in  ADVERTISEMENTS  AND  BIDS,  PAR.  2.  Other  leases 
of  lands  belonging  to  the  United  States  are  not  to  become  effective 
for  any  purpose  until  approved  by  the  Director.  (See  WITH- 
DRAWAL OF  LANDS,  PAR.  9.) 

3.  Standard   form   of  lease. — The    standard   form    of    lease 
should  be  followed  as  nearly  as  practicable,  and  all  material  devia- 
tions therefrom  should  be  fully  explained  for  the  information  of 
the  Director's  office  and  of  the  Department. 

4.  Rent. — The  moneys  received  on  account  of  such  contracts 
will  be  covered  into  the  reclamation  fund  under  the  provisions  of 
the  act  of  March  3,  1905  (33  Stat,  1032). 

5.  Land  leased  must  be  vacant. — When  lease  of  land  for  graz- 
ing purposes  is  made,  the  records  of  the  local  land  office  should  be 
carefully  examined  to  see  that  all  of  the  land  to  be  leased  is  vacant. 
Such  an  examination,  once  made,  need  not  be  repeated,  when  the 
land  has  in  the  meantime  been  protected  by  withdrawal  from  entry. 

6.  Bird  preserves. — All  leases  of  grazing  land  which  include 
the  whole  or  a  portion  of  a  bird  preserve  established  by  Presiden- 
tial Proclamation  should  contain  the  following  clause: 

The  lands  herein  described  having  been  designated  by 
Presidential  proclamation  as  a  part  of  a  National  Bird  Pre- 
serve, are  subject  to  the  rules  and  regulations  of  the  United 
States  Biological  Survey.  The  contractor  agrees  to  do  no 
act  contrary  to  the  rules  and  regulations  established  in  pur- 
suance thereto,  and  any  violation  of  such  rules  and  regula- 
tions on  his  part  or  on  the  part  of  any  of  his  agents  or 
employees  shall  render  this  lease  subject  to  termination  on 
five  (5)  days'  notice. 

LIABILITY  ACCOUNTS. 

The  project  bookkeeping  records  should  record  all  accrued  liabili- 
ties against  the  work.  They  should  be  posted  to  summary  accounts 
in  the  general  ledger  and  reported  on  the  balance  sheet  in  total 
figures  in  accordance  with  the  classification  used  in  the  Balance  Sheet. 
Auxiliary  detailed  records  should  be  kept  upon  the  blanks  and  forms 
provided  for  this  purpose.  These  detailed  records  should  receive 
constant  attention  to  assure  that  they  are  complete  and  accurate. 
(See  ACCOUNTS,  CLASSIFICATION  OF.) 


24:4:  RECLAMATION  SERVICE  MANUAL. 

LOCAL  BILL  OF  LADING  (Form  7-762). 

Number  all  blanks  in  triplicate  and  consecutively,  and  issue  to  en- 
gineers, superintendents,  and  foremen,  forwarding  agents,  and  oth- 
ers who  may  ship  supplies  and  equipment  by  wagon  or  stage  from 
railroad  point  to  project  works,  or  from  one  point  on  the  project  to 
another.  The  blank  spaces  for  name  of  project  may  be  filled  in  with 
rubber  stamp.  Forwarding  agents  and  others  making  shipment  will 
fill  in  these  blanks  in  triplicate,  retaining  the  triplicate  or  yellow  copy, 
for  their  protection,  and  place  the  white  and  pink  copies  in  an  envel- 
ope, which  is  then  sealed  and  handed  to  the  teamster.  When  the  ship- 
ment is  brought  to  the  storehouse  or  destination,  the  receiving  clerk 
will  open  the  envelope  and  check  against  the  load.  If  the  load  checks, 
he  will  stamp  on  both  the  white  and  pink  copies  his  O.  K.  stamp,  show- 
ing that  the  goods  have  been  received  in  good  order;  the  pink  or 
duplicate  copy  is  given  to  the  teamster  to  be  sent  in  with  his  bill  at 
the  end  of  the  month ;  and  the  white  or  original  copy  is  sent  to  the 
office,  where  at  the  end  of  the  month  it  is  used  to  check  the  team- 
ster's bill.  If  a  shortage  in  the  load  is  discovered,  the  storehouse 
clerk  will  make  note  on  both  copies  of  the  extent  of  the  shortage, 
and  price,  receipting  for  balance  of  the  shipment.  This  shortage  the 
office  will  either  have  replaced  by  the  teamster,  or  the  money  valua- 
tion deducted  from  his  bill.  This  form  of  local  bill  of  lading  is 
valuable  both  where  the  hauling  is  done  by  outsiders  at  a  given  rate 
per  cwt,  per  cord,  or  per  load,  etc.,  and  also  where  the  hauling  is 
done  by  an  employee  who  is  paid  at  a  per  diem  or  monthly  rate.  Its 
purpose  is  to  determine  the  responsibility  of  the  teamster  in  both 
cases,  and  in  the  former  to  also  show  the  amount  earned. 

LOCAL  TRANSFERS  (Form  7-779). 

Number  all  blanks  with  a  numbering  machine  in  triplicate  and 
consecutively,  and  issue  to  engineers,  superintendents,  foremen  and 
others  who  have  charge  of  parties,  and  who  may  have  property,  ma- 
terials or  supplies  to  transfer  from  one  feature  of  a  project  to  an- 
other from  time  to  time.  The  blank  spaces  provided  for  the  inser- 
tion of  the  name  of  the  project  may  be  filled  in  with  a  rubber  stamp. 
The  books  were  intended  primarily  to  be  used  in  the  transfer  of 
equipment  only,  but  they  should  be  used  for  all  local  transfers  be- 


MERCANTILE  STORES.  245 

tween  feature  accounts.  The  party  desiring  the  use  of  the  articles 
to  be  transferred  will  make  out  the  transfer  request  in  triplicate, 
using  carbon  sheets  for  impression  and  sign  name,  giving  title.  The 
prices  for  all  articles  transferred  should  be  agreed  upon  by  the  par- 
ties issuing  and  receiving  the  articles,  and  they  should  be  inserted 
on  the  transfer  blanks.  The  party  issuing  the  articles  should  send 
to  the  project  office  the  white  or  original  copy,  give  to  the  party  re- 
ceiving the  articles  the  pink  or  duplicate  copy  and  keep  the  yellow 
or  triplicate  copy  for  his  own  files.  The  copy  sent  to  the  project  of- 
fice is  used  for  posting  to  the  bookkeeping  and  property  records,  u 
(See  PROPERTY.) 


MERCANTILE  STORES. 

Accounting  methods,  par.  3. 

Authority  to  conduct  mercantile  stores,  par.  1. 

Collections,  par.  5. 

Credit,  par.  8. 

Designation,  par.  13. 

Disposition  of  coupons,  par.  10. 

Inventories  and  remittances,  par.  9. 

Issues  to  other  features,  par.  7. 

Prices,  par.  4. 

Relief  for  spoiled  or  damaged  goods,  par.  6. 

Reports,  par.  12. 

Restrictions,  par.  2. 

Suggestions,  par.  11. 

1.  Authority  to  conduct  mercantile  stores.  —  It  is  not  desir- 
able to  go  into  the  mercantile  business  generally.  When  necessity 
arises  for  the  establishment  of  a  mercantile  store  authority  should 
be  secured  from  the  Director.  The  establishment  of  these  stores 
is  for  the  purpose  of  expediting  the  work  of  the  Service  and  pri- 
marily to  supply  necessaries  so  that  the  laborers  shall  not  be  tempted 
to  leave  the  work  and  go  to  the  nearest  town  for  the  purchase  of 
supplies  regularly  needed  by  them.  Requests  for  authority  to  es- 
tablish mercantile  stores  should  state  clearly  the  reasons  for  the 
necessity  and  enumerate  in  general  terms  the  classes  of  articles  to  be 
carried  in  stock. 


246  RECLAMATION   SERVICE    MANUAL 

2.  Restrictions. — The  purchase  of  articles  of  luxury  or  other 
material  than  that  desired  by  the  laborers  on  the  project  is  to  be 
discouraged  as  it  is  presumed  that  those  who  wish  to  make  expensive 
purchases  are  in  position  to  do  so  without  the  assistance  of  the 
mercantile  store. 

3.  Accounting  methods. — The  method  here  stated  should  be 
used  in  order  to  secure  uniformity,  insure  good  administration  and 
accounting  and  to  safeguard  the  interests  of  the  Government.     All 
goods  purchased  should  be  charged  originally  to  the  warehouse  ac- 
count.    Issues  from  warehouse  or  storehouse  should  be  made  upon 
requisition  only.     All  goods  to  be  placed  on  sale  should  be  drawn 
from  the  storehouse  upon  a  requisition  prepared  by  the  mercantile 
store  clerk.     Upon  filling  such  a  requisition  the  storehouse  clerk 
will  note  the  value  of  the  goods,  computing  it  on  the  basis  of  the 
cost,  plus  freight  and  handling,  placing  the  cost  upon  two  copies 
only  of  the  requisition,  one  of  these  copies  to  be  retained  by  him, 
the  other  copy  to  be  sent  to  the  office  for  use  in  connection  with  the 
bookkeeping.     The  third  copy,  without  notation  of  cost,  is  to  be 
returned  to  the  mercantile  store  clerk  along  with  the  goods.     In  the 
project  office  upon  receipt  of  copy  of  the  mercantile  store  clerk's 
requisition  with  the  cost  value  added  by  the  store  house  clerk,  en- 
tries will  be  made  in  the  general  books,  crediting  the  storehouse 
and  charging  the  mercantile  store  with  the  value  of  the  goods  fur- 
nished.    The  storehouse  clerk  will  also  prepare  a  local  bill  of  lad- 
ing, listing  thereon  the  goods  furnished  the  mercantile  store,  with- 
out indicating  the  cost,  transmitting  two  copies  of  same  to  the  pro- 
ject office  along  with  the  copy  of  requisition  showing  the  cost. 

4.  Prices. — In  the  project  office  the  selling  prices  will  be  de- 
r-^    termined  by  the  project  manager  or  some  one  designated  by  him. 

The  amount  of  rate  of  profit  will  be  determined  by  the  project 
manager  or  by  the  chief  clerk  for  him.  It  should  be  sufficient  to 
insure  a  profit  after  considering  depreciation  on  buildings,  spoiled 
and  unsalable  stock,  etc.,  but  should  not  be  so  widely  different  from 
prices  asked  by  merchants  in  the  surrounding  country  as  to  attract 
attention.  These  prices  will  be  noted  on  the  two  copies  of  the  local 
bill  of  lading.  One  copy  will  be  forwarded  immediately  to  the  mer- 
cantile store  clerk,  and  the  other  copy  retained  in  the  project  office 
where  a  memorandum  account  will  be  opened  with  the  mercantile 
store  clerk.  This  memorandum  account  will  be  no  part  of  the  gen- 
eral bookkeeping  records  of  the  project.  In  this  account  the  mer- 


MERCANTILE;  STORKS.  247 

cantile  store  clerk  will  be  charged  with  the  value  of  the  goods  fur- 
nished at  the  selling  price  noted  on  the  local  bill  of  lading. 

5.  Collections. — Goods  will  be  sold  from -the  mercantile  store 
for  cash,  coupons  or  upon  deduction  from  payroll.     Cash  sales  are 
to  be  restricted  to  the  minimum. 

6.  Relief  for  spoiled  or  damaged  goods. — Should  it  be  de- 
sirable to  reduce  the  selling  price  upon  goods  because  of  their  be- 
coming stale  or  in  order  to  move  stock,  prior  authority,  either  writ- 
ten or  oral,  should  be  secured  from  the  project  office,  and  when 
given,  the  mercantile  store  clerk's  account  in  the  memorandum  rec- 
ord should  be  credited  with  the  amount  of  the  reduction  on  the 
stock  to  be  sold. 

7.  Issues  to  other  features. — If  any  issues  are  made  to  mess 
houses,  or  if  goods  are  returned  to  the  storehouse,  such  transactions 
should  be  recorded  on  transfer  of  equipment  blanks,  on  which  the 
mercantile  store  clerk  will  note  the  selling  price  of  the  goods  trans- 
ferred.    His  account  in  the  memorandum  record  will  be  credited 
with  that  value.     In  the  general  books  of  the  project  the  mercantile 
store  account  will  be  credited  with  the  cost  price  and  not  the  selling 
price  for  such  transfers  to  other  features. 

8.  Credit. — If  it  becomes  necessary    to    issue    clothing    or 
blankets  to  employees  before  earnings  have  accrued,  it  should  be 
done  only  upon  a  requisition  signed  by  the  superintendent  or  fore- 
man.    This  requisition  will  be  kept  in  the  mercantile  store  clerk's 
possession  as  a  memorandum  until  his  account  is  relieved  of  the 
amount,  either  by  deduction  from  the  payroll  or  by  a  clearance 
from  the  office  in  case  the  employee  does  not  continue  in  the  Service 
long  enough  to  earn  sufficient  to  cancel  his  obligation. 

9.  Inventories  and  remittances. — At  the  end  of  each  month 
the  mercantile  store  clerk  will  take  a  complete  inventory  of  all 
stock  on  hand,  listing  the  articles  alphabetically  or  as  arranged  on 
shelves  and  note  opposite  each  item  the  selling  price  and  transmit 
all  cash,  coupons  and  requisitions  on  hand  or  memoranda  of  deduc- 
tions from  earnings.     The  mercantile  store  clerk  will  usually  have 
no  knowledge  of  the  amount  of  profit  being  made  by  the  store;  he 
is  charged  with  the  goods  issued  to  him  at  the  selling  price  and  his 
accounts  can  only  be  cleared  by  returning  the  goods  or  furnishing 
cash,   coupons,   requisitions   or  deductions   representing  the   total 
selling  value  of  stock  issued  by  him. 

10.  Disposition  of  coupons. — All  coupons  turned  in  by  the 


248  RECLAMATION   SERVICE)   MANUAL, 

mercantile  store  clerk  should  be  counted  and  sent  to  the  Director 
with  Form  7-767,  and  the  accountability  for  coupon  books  should 
be  reported  on  Form  7-766. 

11.  Suggestions. — Deviations  from  these  instructions  may  be 
necessary  in  some  cases  to  accommodate  the  system  to  actual  field 
conditions.     In  opening  the  store  it  will  probably  be  better  on  ac- 
count of  the  large  amount  of  purchases  for  immediate  issue,  to 
make  charges  direct  from  unpaid  bills  to  the  mercantile  store  ac- 
count and  to  save  extra  work  connected  with  making  up  requisitions 
and  local  bill  of  lading,  it  may  be  found  convenient  to  note  in  red 
ink  on  the  duplicate  of  the  purchase  invoice  the  selling  price  and 
leave  that  with  the  mercantile  store  clerk  as  his  record  of  price. 
It  may  also  be  desirable  to  use  a  special  form  of  requisition  and 
local  bill  of  lading  combined  instead  of  two  blanks.     This  form  may 
be  made  similar  to  the  ordinary  requisition  but  with  two  value  col- 
umns, one  for  the  cost  price  and  the  other  for  the  selling  price.     If 
it  is  desired  to  place  on  sale  goods  which  are  in  storehouse  they 
should  first  be  transferred  to  the  mercantile  store  upon  requisition. 

12.  Reports. — Form  7-767,  "Monthly  Statement  of  Mercan- 
tile Store  Operations"  should  be  prepared  from  the  bookkeeping 
records  at  the  close  of  each  month's  business  and  transmitted  to  the 
Director's  office.     It  should  be  compiled  by  consolidating  all  mer- 
cantile store  accounts  that  appear  in  the  project  general  ledger,  and 
the  net  profit  or  loss  shown  on  the  report  should  agree  with  the  cost 
adjustment  account,  "Mercantile  Store  net  Results,"  that  appears  on 
the  balance  sheet,  Form  7-826. 

13.  Designation. — The  term  Mercantile  Store  should  be  used 
to  designate  buildings  and  contents  where  goods  are  kept  for 
the  purpose  of  sale  either  for  cash,  coupons,  or  to  be  charged 
as  deductions  on  payrolls. 

MESS  HOUSES. 

Project  managers  maintaining  one  or  more  mess  houses,  should, 
when  the  messes  are  large  enough,  place  them  in  charge  of  a  stew- 
ard held  responsible  for  their  management.  The  steward  should 
attend  to  all  details  in  connection  with  the  operation  of  the  mess 
houses,  employ  and  discharge  cooks  and  their  assistants,  make 
out  requisitions  for  supplies  needed,  keep  a  complete  record  of  all 
meals  served  and  at  the  end  of  each  month  make  out  and  forward 


MESS   HOUSES.  249 

to  the  project  office  for  use  in  the  bookkeeping  records  inven- 
tories of  supplies  on  hand.  Each  project  office  operating  mess 
houses  should  forward  to  the  Director  immediately  after  the  end 
of  each  month  a  report  on  Form  7-790,  "Monthly  statement  of 
mess  house  operations,"  and  Form  7-789,  "Mess  report,  unit  costs." 
Meal  tickets  may  be  used.  They  are  issued  from  the  Director's 
office  in  books  of  twenty-one  detachable  coupons,  each  good  for 
one  meal.  They  may  be  used  in  mess  houses  operated  directly  by 
the  Service  or  in  messes  operated  by  contractors  for  the  Service. 
The  value  of  the  full  book  of  twenty-one  tickets  is  $5.25.  The 
accountability  for  meal  tickets  and  coupon  books  should  be  re- 
ported to  the  Director  monthly  on  Form  7-766,  "Report  of  coupon 
books  and  meal  tickets."  Employees  should  surrender  meal  tickets 
before  taking  their  seats  at  the  table,  and  the  meal  tickets  collected 
should  be  sent  to  the  project  office  at  the  close  of  the  month  in  order 
that  the  mess  may  be  credited  with  the  meals  served.  It  may  some- 
times be  necessary  to  furnish  meals  to  official  visitors  connected 
with  the  Service.  In  such  cases  the  steward  should  collect  from 
them  the  price  fixed  by  the  project  manager  for  each  meal  and 
the  cash  so  collected,  together  with  the  duplicate  copy  of  receipt, 
Form  7-455,  should  be  transmitted  to  the  project  office  at  least  once 
^each  month.  Contractors,  merchants,  etc.,  visiting  the  works  in 
connection  with  their  business  relations  with  the  Service  may  be 
served  without  reimbursement  to  the  Service.  In  this  case  a  re- 
ceipt, Form  7-455,  should  be  issued  to  him  punched  to  show  the 
number  of  meals  to  be  furnished.  The  free  meals  served  to  these 
parties  should  be  reported  by  the  steward,  as  ''deadhead"  meals, 
and  the  mess  will  be  allowed  credit.  The  steward's  authority  for 
furnishing  meals  free  will  be  evidenced  by  the  original  receipt 
Form  7-455.  This  will  be  taken  up  by  the  steward  and  returned  to 
the  office  where  it  will  be  compared  with  the  duplicate.  Meals 
served  to  cooks,  waiters  and  assistants  when  by  the  terms  of  their 
employment  they  are  to  receive  a  specified  amount  and  board,  are 
not  included  in  the  list  of  meals  for  which  the  mess  house  will 
receive  credit,  as  this  expense  is  a  part  of  the  expense  of  preparing 
the  food.  In  small  camps  where  it  may  not  be  practicable  to  em- 
ploy a  steward  or  use  meal  tickets,  the  cook  should  keep  a  meal 
record  showing  the  meals  served  to  each  employee,  and  the  time- 
keeper should  use  this  record  as  a  basis  for  making  deductions  in 


250  RECLAMATION   SERVICE   MANUAL 

his  time  book  for  meals  served.  The  term  "Mess  House"  should 
be  used  to  designate  an  eating  place  or  dining  room.  It  is  improper 
to  refer  to  such  a  place  as  commissary.  If  goods  or  property  in 
mess  house  are  desired  to  be  placed  on  sale  they  should  be  trans- 
ferred to  mercantile  store  upon  transfer  of  equipment  form. 

METHODS,  SUGGESTIONS  FOR  IMPROVEMENTS  IN. 

When  compliance  with  regulations  is  impossible  or  impracticable 
the  fact  should  be  reported  to  the  Director,  or  other  responsible 
administrative  officer.  The  responsible  managers,  chief  clerks  and 
special  fiscal  agents  should  be  familiar  with  the  statutes,  regula- 
tions and  decisions  of  the  Comptroller  of  the  Treasury  relating 
to  the  transaction  of  public  business.  The  officers  of  the  Service 
should  protest  in  the  proper  manner  against  requirements  which 
seem  to  be  obstructive,  and  present  clearly  specific  cases  where 
injuries  or  loss  may  result  from  the  application  of  unsuitable 
regulations. 

Intelligent  and  constructive  criticism  of  methods  is  invited.  Such 
criticisms  should  be  specific,  the  facts  being  clearly  stated  with 
appropriate  recommendation. 

MORTGAGES  ON  IRRIGABLE  LANDS. 

For  instructions  see  circular  of  the  General  Land  Office  and 
Reclamation  Service,  approved  February  6,  1913,  as  amended  to 
date. 

NEWSPAPER  ADVERTISING. 

Advance  authority  required,  par.  1. 
Advertisement  to  be  authorized  by  Director,  par.  4. 
Department  regulations,  par.  2. 
General  instructions,  par.  3. 

(See  also  ADVERTISEMENTS  AND  BIDS). 

1.  Advance  authority  required. — Advertising  in  periodicals 
and  newspapers  must  be  supported  by  written  authority  secured  in 
advance.     See  in  this  regard  Section  3828,  R.  S.,  p.  526. 

2.  Departmental  regulations.— Under  date  of  November  27, 


NOTARIAL  CHARGES.  251 

1911,  the  Department  issued  the  following  regulations  to  govern 
advertising  necessary  to  the  work  of  the  Reclamation  Service : 

"Hereafter  the  advertising  necessary  to  the  work  of  your 
Bureau  will  be  under  your  supervision,  and  you  are  hereby 
authorized  to  select,  and  instruct  your  officers  to  use,  for 
advertising  purposes,  such  newspapers  of  local  or  general 
circulation  in  each  locality  as  will  sufficiently  meet  the 
requirements  of  the  respective  laws,  or  the  regulations  or 
instructions  of  the  Department,  and  will  convey  the  pur- 
pose of  such  advertisement  to  the  public;  provided,  that  not 
more  than  three  newspapers  shall  be  so  selected  in  any  one 
locality." 

3.  General   instructions. — Newspaper    advertisement  should 
be  as  brief  as  is  consistent  with  clearness,  and  should  contain  a  con- 
cise statement  of  the  nature  and  approximate  amount  of  work  to  be 
performed  or  material  to  be  furnished,  a  statement  of  the  time  and 
place  of  opening  proposals,  and  the  address  of  the  officer  from 
whom  particulars  may  be  obtained.      (See  also  ADVERTISEMENTS 
AND  BIDS.) 

4.  Advertisement  to  be  authorized  by  Director. — When  an 
officer  desires  to  advertise  in  the  press  for  proposals  for  work  or 
material,  the  contract  for  which  is  to  be  executed  in  the  field,  the 
desired  form  of  advertisement  should  be  forwarded  to  the  Director 
at  as  early  a  date  as  possible,  in  order  that  the  requisite  authority 
for    publication  may  be  secured.     The    officer  should    state    the 
publications  in  which  it  is  desired  to  advertise  and  the  number  of 
insertions  in  each  publication.     If  the  case  is  urgent  the  Director 
will   wire   the   officer   authority   for   publication,   and   the   officer 
may  at  once  present  the  advertisement  to  the  authorized  publication 
for  insertion  therein.     Payments  for  advertising  must  not  be  made 
by  special  fiscal  agents  in  the '  field,  except  upon  vouchers   first 
approved  in  the  Director's  office.     Bills  for  advertising  should  be 
transmitted  to  the  Director  for  examination  in  the  Office  of  the 
Secretary  of  the  Interior  and  payment. 

NOTARIAL  CHARGES. 

In  regard  to  charges  by  notaries  public  who  are  Government 
employees,  the  Secretary  of  the  Interior,  under  date  of  January  5, 
1905,  ordered,  by  direction  of  the  President,  that  hereafter 


252  RECLAMATION   SERVICE   MANUAL 

*  *  *  no  officer,  clerk,  or  employee  in  the  Executive 
Service  of  the  Government,  who  is  also  a  notary  public, 
shall  charge  or  receive -any  compensation  whatever  for  per- 
forming any  notarial  act  for  an  officer,  clerk,  or  employee 
of  the  Government  in  his  official  capacity,  or  in  any  matter 
in  which  the  Government  is  interested,  or  for  any  person 
when,  in  the  case  of  such  person,  the  act  is  performed  during 
the  hours  of  such  notary's  service  to  the  Government.  Dis- 
obedience of  this  order  shall  be  ground  for  immediate  dis- 
missal from  the  Service. 

On  March  31,  1905,  the  President  directed  the  amendment  of  the 
above  by  adding  thereto  the  following: 

This  order  shall  not  apply  to  oaths  of  disinterestedness, 
or  other  oaths  required  by  law,  provided  that  the  work  in 
connection  therewith  is  not  performed  during  office  hours. 

The  amendment  makes  it  permissible  for  employees  who  are  no- 
taries public  to  charge  the  usual  fees  for  oaths  to  affidavits  of  dis- 
interestedness or  other  oaths  required  by  law,  provided  the  work  is 
not  performed  during  office  hours.  So  far  as  Service  employees 
are  concerned,  such  work  is  to  be  considered  a  part  of  the  regular 
routine  work  of  the  office  and  should  be  performed  during  office 
hours,  unless  by  reason  of  emergency  it  is  necessary  for  the  work 
to  be  done  at  other  times.  In  the  event  of  such  emergency,  the 
voucher  for  the  payment  of  the  work  must  be  accompanied  by  a 
statement  of  the  Supervising  or  project  officer  setting  forth  the 
fact  thereof  and  certifying  to  the  exigency  which  required  the 
work  to  be  done  outside  of  office  hours.  (See  also  TRAVEL,  EX- 
PENSE, PAR.  21.) 

No  reimbursement  will  be  allowed  any  officer  for  fees  paid  for 
administering  oaths  to  accounts  for  travel  or  other  expense  against 
the  United  States.  In  such  case  the  oath  should  be  taken  before 
the  supervising  engineer,  project  engineer,  project  manager,  acting 
project  engineer,  or  acting  project  manager,  who  have  been  so 
authorized  by  the  Director,  under  section  8  of  the  Act  of  August 
24,  1912,  37  Stat.,  487,  or  by  some  employee  in  the  Service  who  is 
a  notary.  The  officer  or  employee  so  administering  such  oaths  are 
not  entitled  to  receive  any  fee  therefor.  The  officer  administer- 
ing such  oaths  will  sign  the  same,  appending  under  his  signature, 
by  rubber  stamp  or  otherwise  "Chief  of  Field  Party,  authorized 


OFFICE  ROOMS,  ETC.,  LEASES  OF.  253 

by  Act  of  August  24,  1912,  to  administer  oaths."  In  all  other  cases 
where  by  law  a  paper  or  document  is  required  to  be  verified  by  the 
oath  of  the  officer  or  employee  of  the  Government,  for  the  cost  of 
which  oath  such  officer  or  employee  is  entitled  to  be  reimbursed, 
the  following  list  of  fees  may  be  allowed,  and  none  other,  except 
in  cases  where  the  persons  claiming  reimbursement  shall  show  that 
a  different  fee  is  prescribed,  making  specific  reference  to  the  Statute 
authorizing  the  same.  (See  also  RECORDING  FEES;  also  TRAVEL 
EXPENSE,  PAR.  21.) 

Schedule  of  Fees  for  Oaths. 

Notary.  Justice. 

Arizona $0.75  $0.75 

California .50  .25 

Colorado 25  .25 

District  of  Columbia 50  .25 

Idaho    25  .15 

Kansas   25  .20 

Montana    50  .50 

.  Nebraska 25  .25 

Nevada    75  .50 

New  Mexico 50  .25 

North  Dakota 25  .25 

Oklahoma 25  .35 

Oregon 1.00  .25 

South  Dakota 25  .25 

Texas   25  .25 

Utah 50  .25 

Washington 50  .25 

Wyoming    50  .10 

OFFICE  ROOMS,  ETC.,  LEASES  OF. 

1.  Accidental  destruction  of  leased  premises. — At  common" 
law  a  lessee  of  premises  which  are  accidentally  destroyed  subse- 
quent to  the  making  of  the  lease  cannot  be  relieved  against  an  ex- 
press covenant  to  pay  rent,  unless  he  has  stipulated  in  the  lease  for  N 
a  cessation  of  the  rent  in  such  case,  or  the  lessor  has  covenanted  to 
rebuild;  nor  will  equity  relieve  against  an  express  covenant,  except 
in  case  of  fraud,  accident,  or  mistake  (See  24  Cyc.,  1156).  In  all 
leases  of  premises  by  the  United  States  a  stipulation  for  the  cessa- 

tion  of  rent  in  such  a  contingency  should  be  incorporated,  similar 

r^ 


254  RECLAMATION   SERVICE    MANUAL 

to  the  stipulations  contained  in  Articles  2  and  4  of  the  standard 

|  form  for  the  lease  of  office  rooms. 

2.  Competition  when  United  States  is  lessee. — Statutory  re- 
quirements regarding  the  securing  of  competition  prior  to  the  exe- 
cution of  contracts  do  not  apply  to  leases  of  buildings  or  rooms  for 
office  or  storage  purposes.  (See  ADVERTISEMENTS  AND  BIDS, 

:SEC.  1.) 

OFFICES  AND  STOREROOMS  NOT  TO  BE  USED  FOR 
LODGING. 

Buildings  rented  or  erected  for  use  as  offices,  storerooms,  etc., 
are  not  to  be  used  for  lodging,  except  under  special  authority 
granted  by  the  supervising  engineer.  The  experience  of  all  of  the 
large  insurance  companies  is  that  the  fire  hazard  is  greatly  in- 
creased by  such  occupancy. 

OPERATION  AND  MAINTENANCE. 

Duties  of  operating  force,  par.  2. 
Duty  of  water,  par.  3. 
Information  for  water  users,  par.  7. 
Measurement  of  water,  par.  5. 
Operation  of  canal  system,  par.  1. 
Records  of  measurement,  par.  6. 
Regulation  of  water  supply,  par.  4. 

1.  Operation  of  canal  system. — The  United  States  will  oper- 
ate and  maintain  the  diversion  works  and  canals  as  shown  on  ap- 
proved plats  on  file  in  the  project  office  until  such  time  as  the  opera- 
tion and  maintenance  of  the  work  shall  pass  to  the  water  users' 
association  as  contemplated  by  section  6  of  the  Reclamation  Act 
which  provides  as  follows : 

When  the  payments  required  by  this  act  are  made  for  the 
major  portion  of  the  lands  irrigated  from  the  waters  of 
any  of  the  works  herein  provided  for,  then  the  management 
and  operation  of  such  irrigation  works  shall  pass  to  the 
owners  of  the  lands  irrigated  thereby  to  be  maintained  at 
their  expense  under  such  form  of  organization  and  under 


OPERATION  AND  MAINTENANCE.  255 

such  rules  and  regulations  as  may  be  acceptable  to  the 
Secretary  of  the  Interior. 

The  cost  of  operation  and  maintenance  will  be  included  in  the 
charges  for  the  project. 

2.  Duties  of  operating  force. — The  duties  of  the  operating 
force  consist  of  storing,  conveying  and  delivering  water  to  water 
users,  keeping  record  of  the  amounts  of  water  used,  and  the  time 
of  such  use,  receiving  water-right  charges,  and  keeping  all  prop- 
erty of  the  United  States  in  a  serviceable  condition. 

3.  Duty  of  water. — The  duty  of  water  is  stated  in  the  instruc- 
tions accompanying  the  various  public  notices.    This  duty  may 
be  considered  a  maximum,  the  amount  which  can  be  claimed  being 
limited  to  actual  beneficial  use.    Beneficial  use  of  water  is  the  basis 
of  all  Government  water  rights  and  the  waste  of  water  is  pro- 
hibited.   The  Reclamation  Service  is  not  obligated  to  furnish  water 
for  any  other  purpose  than  for  irrigation. 

4.  Regulation  of  water  supply  and  method  of  delivery. — It 
is  the  first  duty  of  the  operation  and  maintenance  force  to  see  that 
all  water  users  are  served  with  water  for  the  irrigation  of  their 
lands  in  accordance  with  the  terms  of  the  water-right  application 
or  contract  under  which  they  are  entitled  to  water,  and  to  deliver 
this  water  at  such  times  and  in  such  quantities  as  will  assure  the 
best  result  to  the  water  users  consistent  with  reasonable  economy 
in  maintenance  and  operation  of  the  system. 

5.  Measurement  of  water. — The   water  rights   sold  by   the 
Reclamation  Service  call  for  a  definite  amount  of  water  per  acre 
delivered  at  the  land.     All  contracts  for  furnishing  water  for  irri- 
gation are  also  based  upon  the  amount  of  water  delivered.     It 
therefore  becomes  necessary  to  'have  measuring  devices  of  some 
kind  in  all  distributaries  and  in  all  farm  turnouts.     Where  water  is 
turned  over  to  an  association  of  farmers,  the  amount  delivered  to 
the  lateral  should  be  measured  and  prorated  according  to  the  acre- 
age under  the  lateral.    Where  water  is  delivered  to  the  individual, 
it  should  be  measured  and  prorated  according  to  the  acreage.    The 
complete  control  of  all  gates  operated  by  the  United  States  should 
be  kept  in  the  hands  of  officers  of  the  Service  and  all  gates  should 
be  provided  with  locks. 

6.  Records  of  measurement. — Careful  record  of  the  measure- 


256  RECLAMATION   SERVICE    MANUAL 

ments  of  water  handled  by  the  irrigation  system  should  be  kept 
on  appropriate  forms. 

7.  Information  for  water  users. — In  connection  with  the  set- 
tlement of  the  project,  it  is  important  that  the  settlers  should  be 
fully  acquainted  with  the  general  plan  under  which  the  irrigation 
system  is  to  be  conducted.  The  distribution  to  inquirers  of  a 
mimeographed  or  printed  circular  containing  general  and  special 
information  for  settlers  is  therefore  desirable.  These  circulars 
should  contain  information  regarding  the  charges  for  building, 
operation  and  maintenance,  the  method  of  payment,  and  other  im- 
portant information  contained  in  the  public  notices.  Instructions 
regarding  rights  of  way  on  canals,  the  construction  and  maintenance 
of  fences  and  bridges  on  right  of  way,  control  of  canals,  interfer- 
ence with  gates,  requests  for  and  delivery  of  water,  responsibility 
for  wasting  water,  the  length  o'f  the  irrigation  season,  preparation 
of  lands  for  irrigation,  tree  planting,  and  a  statement  of  the  neces- 
sity for  co-operation  of  water  users,  should  also  be  included. 

OPERATION  AND  MAINTENANCE,  COST  OF 

In  addition  to  keeping  accurate  total  costs  of  operation  and  main- 
tenance work,  it  is  desired  to  determine  the  cost  per  acre  of  land 
actually  irrigated,  per  acre  of  land  for  which  the  irrigation  system 
is  ready  to  supply  with  water  and  per  acre-foot  of  water  stored, 
carried  and  distributed,  and  there  fore,  accurate  statistics  of  these 
matters  should  be  kept.  The  effectiveness  of  different  designs  or 
types  of  structures  and  ditches  is  determined  largely  by  costs  of 
operation  and  maintenance.  This  leads  to  a  reconsideration  of 
original  construction  work  and  illustrates  the  value  of  operation 
and  maintenance  cost-keeping  from  a  constructional  standpoint. 
The  accounts  for  operation  and  maintenance  should  be  grouped 
under  the  general  heads  of  operation  and  maintenance,  the  latter 
being  subdivided  into  upkeep  and  betterments;  but  the  charges  to 
features  of  the  project  under  these  general  heads  should  be  sub- 
divided and  classified  to  show  the  details  of  the  items  entering  into 
the  cost.  General  accounting  records  for  operation  and  mainte- 
nance should  be  maintained  and  compiled  in  conformity  with  the 
uniform  system  applied  to  construction  features.  Separate  cost 
ledger  controlling  accounts  for  building  and  for  operation  and 
maintenance  should  be  kept  in  the  general  ledger.  Operation  and 


OPERATION    AND    MAINTENANCE  257 

maintenance  features  should  be  so  designated  as  to  avoid  confusing 
them  with  construction  features,  especially  on  the  feature  reports 
sent  to  the  Director.  Under  the  general  head  of  operation  should  be 
carried  the  accounts  covering  charges  for  the  storage,  carriage  and 
distribution  of  water  and  drainage.  Under  the  general  head  of 
maintenance  subdivided  into  upkeep  and  betterments  should  be  car- 
ried the  accounts  covering  charge^  for  maintaining  the  completed 
storage,  carriage,  distribution  and  drainage  features  of  the  pro- 
ject. 

OPERATION    AND    MAINTENANCE    FOR    SUPERIN- 
TENDENCE AND  EXPENSES  FROM 
DIRECTOR'S  OFFICE. 

Content  of  accounts,  par.  3. 

Definition,  par.  2. 

Distribution,  par.  5. 

Inspection,  distribution  for,  par.  7. 

Introduction,  par.  1. 

Notation  on  vouchers,  par.  4. 

Superintendence,  distribution  for,  par.  6. 

1.  Introduction. — The  general  expense  arising  in  the  Direc- 
tor's office  from  the  operation  and  maintenance  work  of  the 
Service  are  divided  into  two  parts:  (1)  Superintendence;  (2} 
Inspection. 

2.  Definition. — The  term  "general  expense,"  as  used  in  con- 
nection with  operation  and  maintenance,  means  the  costs  incurred 
by  the  person  in  general  charge  of  operation  and  maintenance  for 
the  entire  service,  including  inspectors  traveling  under  his  direction. 

3.  Content  of  accounts. — Operation  and  maintenance  super- 
intendence account  includes  all  costs  of  the  chief  of  the  operation 
and  maintenance  work  and  assistants  stationed  in  his  office.     The 
operation  and  maintenance  inspection  account  includes  the  salaries 
and  traveling  expenses  including  per  diem  of  all  persons  traveling 
from  point  to  point  during  inspection  work. 

4.  Notation  on  vouchers. — All  memorandum  copies  of  vouch- 
ers covering  expenditures  in  either  of  these  classes  should  contain 
a  note  in  the  journal  entry  crediting  the  special  fiscal  agent  making 
the  payment  and  debiting  Director's  office,  operation  and  mainte- 


258  RECLAMATION   SERVICE    MANUAL 

nance  superintendence  or  Director's  office,  operation  and  mainte- 
nance inspection,  as  the  case  may  be.  Two  accounts  will  be  carried 
on  the  books  of  the  Washington  office  to  accumulate  these  expenses. 

5.  Distribution. — As  this  cost  is  one  over  which  the  irriga- 
tion manager  will  have  no  control  it  will  not  be  necessary  to  ad- 
vise him  currently  of  the  amount  chargeable  to  his  project,  and 
therefore  distribution  of  this  amount  will  be  unnecessary  except 
annually  in  time  to  make  this  information  available  for  considera- 
tion in  fixing  the  operation  and  maintenance  charge  to  be  announced 
by  the  Secretary,  and  for  use  in  the  annual  report  of  operation  and 
maintenance.    The  distribution  of  these  two  classes  of  expenditures 
will  be  on  different  bases  as  follows : 

6.  Superintendence,    distribution    for. — The    operation    and 
maintenance  superintendence  will  be  distributed  to  the  project  pro- 
rata  based  upon  the  number  of  acres  for  which  water  is  available 
and  for  which  regular  water-right  applications  have  been  filed  in 
the  land  office,  or  temporary  water-rental  contracts  have  been  made, 
or  vested  rights  recognized. 

7.  Inspection,  distribution  for. — The  operation  and  mainte- 
nance inspection    cost  will  be  distributed  prorata  based    upon  the 
number  of  days  inspectors  have  spent  upon  each  of  the  several 
projects  chargeable  during  the  season.     For  this  purpose  it  will  be 
necessary  for  the  inspectors  to  make  monthly  reports  to  the  Di- 
rector's office  stating  the  number  of  days  actually  spent  on  each 
of  the,  projects  visited  during  the  month.     This  will  not  include 
time  spent  in  travel  to  and  from  projects,  but  will  be  confined  to 
the  days  actually  employed  on  the  project. 

.      OPTIONS. 

(See  also  LANDS,  ACQUISITION  OF). 

1.  Meaning  of  the  term. — An  option  to  purchase  land  is  not 
an  agreement  to  sell.  An  option  is  merely  a  privilege  of  buying 
without  obligation  to  do  so  on  part  of  the  buyer  but  with  obliga- 
tion to  sell  on  part  of  the  seller  if  the  buyer  decides  within  the  time 
limit  to  purchase.  An  agreement  to  sell  on  the  other  hand  is  a 
reciprocal  obligation  binding  the  seller  to  sell  and  the  buyer  to 
buy.  Both  are  contracts  and  must  be  supported  by  a  consideration, 
but  in  the  agreement  to  sell  the  reciprocal  promises  and  obligations 
are  each  the  consideration  for  the  other  while  in  the  option,  there 


ORGANIZATION  259 

being  only  one  obligation,  that  on  part  of  the  seller  to  sell,  there 
must  be  a  consideration  moving  to  the  seller  from  the  other  party. 

2.  Because  the  consideration  paid  for  an  option  may  never  be 
followed  by  a  purchase  the  Comptroller  of  the  Treasury  has  held 
that  payment  of  a  sum  of  money  for  an  option  for  a  right  of  way, 
water  right,  land,  or  other  property  right  needed  for  reclamation 
work  would  not  be  a  proper  expenditure  from  the  reclamation  fund. 
(9  Compt,  569.) 

ORGANIZATION. 

1.  Secretary  of  the  Interior. — The  Service  is  under  the  direc- 
tion of  the  Secretary  of  the  Interior.     He  is  responsible  to  Con- 
gress for  operations  and  expenditures  under  the  Reclamation  Act 
as  well  as  for  action  concerning  public  lands  in  connection  with  the 
reclamation  work  and  the  appointment  of  employes.    His  approval 
for  all  important  features  must  be  obtained  in  advance. 

2.  Director. — The  chief  officer  of  the  Service  is  the  Director. 
He  exercises  general  supervision  over  the  work  of  the  Service  and 
makes  recommendations  to  the  Secretary  concerning  all  matters 
requiring  his  approval  and  reports  to  him  the  progress  of  all  opera- 
tions under  the  Reclamation  Act.      (See  also  AUTHORIZING  WORK 
AND  APPORTIONING  FUNDS.  ) 

3.  Chief  engineer. — The  chief  engineer  has  immediate  charge 
of  engineering  and  personnel  matters,  reports  thereon  to  the  Di- 
rector, and  in  the  absence  of  the  Director  serves  as  Acting  Di- 
rector. 

4.  Consulting  engineers. — The  consulting  engineers  act  in- 
dividually in  an  advisory  capacity  on  special  engineering  questions 
submitted  to  them  or  with  boards  of  engineers  appointed  to  make 
recommendations   regarding  engineering   features   of   reclamation 
projects. 

5.  Supervising  engineers. — The  reclamation  territory  is  di- 
vided into  several  districts,  each  of  which  is  in  charge  of  a  super- 
vising or  district  engineer  supervisor,  acting  as  a  field  representative 
of  the  Director  and  Chief  Engineer,  with  power  to  determine  ordi- 
nary engineering  and  administrative  questions.     The  Division  of 
Land  and  Legal  Work  is  also  in  charge  of  a  supervising  engineer 
who  reports  to  the  Director.     These  supervising  officers  make  rec- 


260  RECLAMATION   SERVICE    MANUAL 

ommendations  to  the  Director  on  all  important  engineering  and  ad- 
ministrative features  of  the  work. 

6.  Project  engineers  or  managers. — Each  particular  scheme 
or  project  of  reclamation  in  a  supervisory  district  is  in  charge  of  a 
project  engineer  or  manager,  the  chief  administrative  officer,  re- 
porting to  the  superivising  engineer  or  district  supervisor.     The 
project  managers  report  to  the  Director  and  to  the  supervising  en- 
gineer or  district  supervisor  all  expenditures  and  operations  on  their 
respective  projects. 

7.  Project  employees. — On  each  project  under  the  direction 
of  the  project  manager  or  engineer  are  employed,  irrigation  super- 
intendents, and  engineers  and  assistants  assigned  to  particuar  fea- 
tures of  the  work,  a  chief  clerk,  special  fiscal  agent,  bookkeeper  and 
other  necessary  clerks,  mechanics  and  laborers. 

8.  Experts  and  specialists. — In  addition  to  the  officials  named 
above,  the  Service  employs  a  number  of  experts  and  specialists, 
who  are  in  charge  of  special  work  and  who  report  to  the  Director, 
the  chief  engineer  or  to  other  officials  designated  by  the  Director. 

9.  Authority  for  employment. — The   Reclamation    Act  au- 
thorizes the  Secretary  of  the  Interior  to  employ  the  necessary  force 
to  conduct  the  work  contemplated  by  the  act.     By  letter  of  March 
9,  1907,  supplementing  earlier  instructions,  the  Secretary  author- 
ized the  Director 

to  recommend  to  the  Secretary  the  appointment  of  persons 
selected  under  Civil  Service  rules  for  positions  in  the  classi- 
fied service ;  to  employ  and  to  authorize  *  *  *  respons- 
ible assistants  to  employ  men  in  registered,  non-educational 
positions  under  Civil  Service  rules  and  laborers. 

The  authority  to  employ  persons  in  registered  positions  has  been 
delegated  to  the  supervisor  and  that  to  employ  laborers  as  needed 
to  project  and  other  'managers  and  engineers. 

DIRECTOR'S  OFFICE. 

10.  Chief  engineer. — The  chief  engineer  when  in  the  Direc- 
tor's office  represents  the  Director  in  all  engineering  matters  and 
acts  as  principal  assistant.     Under  his  immediate  supervision  are 
the  technical,  electrical  and  mechanical  engineering,  cement  testing, 
and  drafting  sections. 

11.  Land  and  Legal  Division. — The  supervising  engineer  in 
charge  of  the  Land  and  Legal  Division  is  located  in  the  Director's 


ORGANIZATION.  261 

office  where  there  is  a  small  force  of  examiners  and  other  assistants. 
Examiners  and  assistant  examiners  are  located  in  a  number  of  the 
field  offices.  This  Division  has  in  charge  all  land  and  legal  matters 
pertaining  to  the  Service.  (See  also  EXAMINERS,  INSTRUCTIONS 

TO.) 

12.  Engineering  section. — The   engineer  in  charge   of    the 
technical  section  is  located  in  the  Director's  office  and  has  charge 
of  the  drafting  work  and  of  the  work  relating  to  engineering  prob- 
lems, submitting  information  and  recommendations  thereon,  stand- 
ardizing designs  and  specifications,  compiling  cost  data  and  com- 
piling and  editing  the  Reclamation  Record,  quarterly  estimates  and 
annual  reports. 

13.  Drainage  section. — The  engineer  in  charge  of  drainage, 
located  in  Los  Angeles,  supervises  field   investigations  and    the 
preparation  of  designs  for  drainage  work. 

14.  Reclamation    settlement    section. — The    statistician     in 
charge  of  the  reclamation  settlement  or  information  division  has 
charge  of  all  matters  pertaining  to  the  dissemination  of  information 
concerning  the  lands  and  opportunities  for  home-making  or  pro- 
curing reclaimed  lands. 

15.  Chief  clerk. — The  chief  clerk  is  in  charge  of  the  purchase 
of  supplies,  mails  and  files  and  stenographic  sections,  the  messenger, 
janitor  and  elevator  services.    The  bookkeeping  work  in  connection 
with  the  Director's  office,  the  transportation  office,  cement  expert's 
office,  and  electrical  and  mechanical  engineer's  office  is  done  under 
the  direction  of  the  chief  clerk. 

16.  Accounting  Section. — The  Accountant  in  the  Washing- 
ton office  has  charge  of  all  fiscal  and  accounting  matters  coming  to 
the  Director's  office  and  reports  to  the  Director.     He  also    has 
charge  of  all  accounting  and  cost-keeping  records  in  the  Director's 
office.     The  clerical  employees  handling  accounting  matters  who 
are  located  in  the  field  offices  are  under  the  administrative  direction 
of  the  corresponding  supervising  and  project  officers. 

17.  Fiscal    inspectors. — The    fiscal    inspectors    travel    from 
project  to  project,  reporting  to  the  Director  upon  the  efficiency  of 
the  fiscal  work  in  the  field  and  upon  the  personnel  engaged  in  this 
work,  together  with  all  other  matters  upon   which  the  Director 
may  call  for  report.     The  engineers  in  the  field  should  co-operate 
with  the  fiscal  inspectors  and  render  them  all  necessary  assistance. 


262  RECLAMATION   SERVICE    MANUAL 

18.  Electrical    and    mechanical    engineering    section. — The 

chief  electrical  engineer  in  charge  of  electrical  and  mechanical  mat- 
ters is  located  in  Los  Angeles,  Cal.,  and  supervises  the  preparation 
of  designs  of  an  electrical  and  mechanical  nature. 

19.  Transportation  and  purchasing  section. — The  transporta- 
tion agent  is  in  charge  of  the  transportation  and  purchasing  sec- 
tion, located  in  Chicago,  111.     He  assists  the  various  purchasing 
agents  located  on  the  projects  in  making  purchases,  placing  orders 
and  obtaining  competition  and  handling  all  matters  in  relation  to 
freight  transportation.     The  transportation  agent  reports  to  the 
Director.     (See  also  CHICAGO  OFFICE,  FUNCTIONS  OE.) 

20.  Cement-testing  section. — The  expert  in  charge  of  testing 
and  shipping  cement  is  located  in  Denver,  Colo.,  and  supervises  all 
work  in  connection  with  testing  and  shipping  cement. 

SUPERVISING  AND  PROJECT  OEElCES 

21.  Field  engineering  sections. — The  engineering  section  in 
a  field  office  should  consist  of  the  engineer  in  charge,  engineers, 
draftsmen,  technical  assistants  and  stenographer  having  charge  of 
the  technical  letter  files  and  acting  in  the  capacity  of  general  clerk 
and  secretary  to  the  supervising  or  project  engineer. 

22.  Field  accounting  sections. — The  project  offices  should  be 
provided  with  the  necessary  clerical  assistants  for  the  proper  con- 
duct of  the  office  work.     The  accounting  organization  for  a  project 
office  will  be  in  charge  of  a  chief  clerk  who  reports  to  the  project 
manager  and  is  responsible  for  the  accounting  work  and  has  re- 
sponsible oversight  of  the  other  accounting  employees.     His  as- 
sistants will  usually  consist  of  a  bookkeeper,  special  fiscal  agent, 
purchasing  agent,  voucher  clerk,  payroll  clerk,  transportation  clerk, 
forwarding  agents,  storehouse  clerks,  mercantile  store  clerks,  prop- 
erty inspectors,  stationery  clerk,  cost  keeper,  stenographers,  time- 
keepers, stewards,  etc.     At  small  offices  one  man  may  perform  the 
duties  of  several  of  these  positions. 

PAYMENTS,  POSTPONEMENT  OF. 

1.  Water  users  on  reclamation  projects  whose  growing  crops  are 
damaged  or  destroyed  by  hail  and  who  for  this  reason  are  unable  to 
make  payment  of  the  building  charges  under  the  Reclamation  Act, 
which  would  become  delinquent  at  the  time  the  next  installment 


PERSONA!,   SERVICES.  263 

thereof  became  due,  may,  in. the  discretion  of  the  Secretary  of  the 
Interior,  be  allowed  a  postponement  of  such  charges,  but  no  such 
postponement  s'hall  be  for  more  than  one  year  or  extend  beyond  the 
ten-year  annual  payment  period,  the  time  within  which  the  water- 
right  charges  are  required 


.1  to  be  paid.     No  application  will  bo  oorTV 
iioer  who  io  delinquent  in  the  payment  of] 


2.  Application  for  postponement  must  be  made  through  the  pro- 
ject manager  or  project  engineer,  upon  the  form  prepared  for  the 
purpose,  stating  that  the  water  user  is  unable  to  pay  the  building 
charge  so  become  delinquent,  and  shall  give  in  detail  (a)  descrip- 
tion of  applicant's  land,  length  of  residence  thereon,  description  of 
improvements  and  statement  of  their  value;  (b)  serial  number  of 
the  water-right  application,  with  the  amounts  paid  on  account,  re- 
spectively; of  the  building  and  the  operation    and    maintenance 
charges  for  the  several  years  in  which  installments  of  such  charges 
were  due;  (c)  the  irrigable  acreage  for  which  water  was  available 
for  the  current  year;  (d)  the  number  of  acres  in  cultivation  and 
the  crops  to  which  cultivated;  (e)  statement  as  to  the  cause  of  de- 
struction or  damage  of  crops  and  date  when  loss    occurred;   (f) 
number  of  acres  and  the  nature  of  the  crops  destroyed  or  damaged; 
(g)   statement  of  the  condition  of  the  crops  before  destroyed  or 
damaged,  with  estimated  total  yield  if  destruction  or  damage  had 
not  occurred;  (h)  actual  yield,  if  any,  and  estimated  loss  in  money. 

3.  The  project  manager  will  forward  such  application  with  his 
report  and  recommendation  through  the  supervising  engineer  to 
the  Director  of  the  United  States  Reclamation  Service,  who  will 
make  suitable  recommendation  thereon  to  the  Secretary. 

4.  Lands  too  alkaline  to  produce  profitable  crops  may  be  sup- 
plied for  a  nominal  rental  to  encourage  washing  the  alkali  from 
the  soil.      (Asst.  Secretary,  March  29,  1913,  C.  L.  No.  88.) 

PERSONAL  SERVICES. 

Personal  services  may  be  secured  in  two  ways : 

(1)    An  agreement  may  be  made  with  an  individual,   firm  or 

corporation  to  do  a  given  work  and  furnish  the  necessary  labor. 

In  such  a  case  advertising  is  required  by  section  3709,  R.  S.  and 

a  contract  must  be  executed  according  to  Sec.  3744,  R.  S.    If  such 


264  RECLAMATION   SERVICE    MANUAL 

labor  is  required  for  the  construction  or  repair  of  any  public 
building  or  work,  a  bond  is  necessary  under  the  act  of  February  24, 
1905  (33  Stat,  811). 

(2)  An  engagement  may  be  made  with  an  individual  whereby 
he  is  to  render  his  own  personal  services.    In  such  a  case  advertise- 
ment is  not  required  by  Sec.  3709,  R.  S.,  and  a  contract  in  the  form 
provided  by  Sec.  3744,  R.  S.,  need  not  be  executed,  but  the  terms 
of  the  employment  should  be  determined  in  advance,  and  set  out 
in  the  commission,  appointment,  or  notice  of  employment.      (See 
also  EMPLOYEES.) 

(3)  Where  appraisers  are  necessary  for  determining  the  value 
of  town  lots  for  sale  under  the  town-site  Acts  (p.  475),  or  for  the 
determination  of  the  value  of  lands  owned  by  the  United  States 
and  to  be  sold  under  the  Act  of  February  2,  1911  (36  Stat.,  895), 
see  p.  483,  or  where  it  is  necessary  to  determine  the  value  of  land 
for  purchase  or  to  ascertain  the  amount  to  be  named  in  a  contract 
of  compensation  for  damages,  appraisers  may  be  selected  and  ap- 
pointed for  the  particular  purpose,  either  through  the  Secretary,  as 
required  by  the  law  in  the  cases  of  town  sites  and  sale  of  lands,  or 
they  may  be  employed  by  the  supervising  engineer  and  paid  on 
ordinary  purchase  voucher  for  services  rendered  as  a  job. 

PHOTOGRAPHS. 

Care  and  shipment  of  films,  par.  4. 
Care  in  making  exposures,  par.  2. 
Development  and  printing,  par.  3. 
Filing  poor  negatives,  par.  6. 
Taking  photographs,  par.  1. 
Washington  files,  par.  6. 

1.  Taking  photographs. — Photographs  should  be  systemati- 
cally taken  of  all  large  construction  work.  In  addition  to  general 
views  and  those  taken  to  illustrate  certain  details,  there  should  be 
taken  each  month  a  series  of  views  from  certain  fixed  points.  In 
the  case  of  a  large  dam,  for  example,  .there  should  be  four  stations 
established  and  plainly  marked,  their  elevation  and  position  being 
fully  described.  From  each  of  these  four  stations  located  as  nearly 
as  possible  at  an  angle  of  90°  to  each  other,  pictures  should  be 


PHOTOGRAPHS.  265 

taken  at  stated  intervals,  using  each  time  the  same  camera,  the 
same-  angle,  and  the  same  direction  so  that  the  photographs  will 
be  identical  in  their  field  and  the  progress  of  the  work  can  be 
definitely  made  out. 

2.  Care  in  making  exposures. — Engineers  in  the  field    who 
take  official  photographs  should  use  every  precaution  in  making  ex- 
posures to  secure  satisfactory  photographs  and  should  not  under- 
take the  work  without  thoroughly  familiarizing  themselves  with  the 
fundamental  rules  for  exposure  and  the  manipulation  of  the  stops, 
etc.,  on  the  camera  which  they  are  to  use.     No  great  amount  of 
skill  or  experience  is  needed  to  get  a  clear  negative,  but  careful 
attention   to   certain   details   is   absolutely   essential.      Where   the 
negatives    are    habitually    over-exposed,    or    foggy,    or    otherwise 
unsatisfactory,  advice  should  be  sought  from  some  good  photog- 
rapher or  the  criticisms  which  have  been  made  by  the  Director's 
office  should  be  carefully  considered. 

3.  Development  and  printing. — Negatives  may,  in  cases  of 
emergency,  be  developed  in  the    field;  otherwise    they    should    be 
shipped,  securely  packed,  to  the  Director's  office  for  development. 
In  either  case,  a  statement  on  the  regular  blank  should  be  prepared, 
giving  all  of  the  essential  facts  of  camera  exposure,  light,  etc., 
signed  by  the  man  who  took  the  picture.     Prints  will  be  made  at 
the  Director's  office  and  copies  sent  to  the  field.     Here  at  least  one 
official  copy  should  be  signed,  dated,  and  a  statement  prepared  in 
the  form  of  a  certificate  giving  the  essential  facts,  such  that  the 
photograph  may  be  used  later  if  necessary  in  any  legal  proceedings. 

4.  Care  and  shipment  of  films. — Roll  films  and  film  packs  are 
both  very  sensitive  to  pressure  and  to  moisture.     Therefore,  the 
film  should  not  be  left  in  the  camera  for  long  periods  nor  should 
the  unprotected  film  be  exposed  unnecessarily  to  severe  changes  in 
temperature  or  humidity.     It  is  desirable  to  expose  a  whole  roll 
or  pack  of  films  in  as  short  a  time  as  practicable  and  place  it  at  once 
in  a  sealed  tube  or  package.     Adapters  (the  film  pack  containers) 
should  not  be  shipped  to  protect  only  one  or  two  unexposed  films. 
In  removing  the  roll  from  the  camera  care  should  be  taken  not  to 
allow  the  black  paper  to  become  too  loose,  but  on  the  other  hand, 
it  should  not  be  wound  too  tightly,  as  the  pressure  thus  produced 
might  cause  abrasion  marks  in  the  finished  negative,  showing  in  the 
prints  as  black  lines.     Roll  films  should  be  shipped  in  sealed  tin  or 


266  RECLAMATION   SERVICE   MANUAL 

pasteboard  mailing  tubes.  Film  packs  should  be  packed  for  ship- 
ment in  a  substantial  manner  so  that  they  will  not  become  crushed 
or  bent.  In  all  cases  the  outside  of  the  package  should  be  clearly 
and  appropriately  marked  "Developed  Films"  or  "Undeveloped 
Films." 

5.  Director's  files. — All  negatives  of  important  works  should 
be  deposited  in  the  Washington  office,  if  these  negatives  are  suffi- 
ciently good  for  making  prints  suitable  for  reproduction.     If  it  is 
desired  to  retain  negatives  in  the  local  offices,  duplicate  or  similar 
exposures  should  be  made  so  that  one  set  can  be  sent  to  Washing- 
ton, and  the  other  retained  in  the  local  office,  or  returned  there 
after  being  developed  in  Washington. 

6.  Filing  poor  negatives. — It  is  not  desired  to  retain  in  the 
files  of  the  Director's  office,  negatives  which  are  not  suitable  for 
use  in  illustration.     Some  of  these  have  value  in  an  historic  or 
engineering  record.    In  such  cases  a  single  print  will  be  made  and 
placed  on  file  in  the  Director's  office,  the  negative  being  returned 
to  the  local  office  for  preservation  there.     Prints  not  suitable  for 
reproduction  should  not  be  mounted  in  the  regular  books,  but  filed 
away  in  envelopes  suitably  marked  alphabetically  by  States  and  pro- 
jects, indicating  on  the  envelope  the  fact  that  the  negatives  have 
been  returned  to  the  local  office. 

POSTAL  LAWS  AND  REGULATIONS. 

Foreign  mail,  par.  3. 

Improper  use  of  penalty  privilege,  par.  5. 

Parcel  post,  par.  8. 

Post  office  boxes,  par.  7. 

Registration,  par.  6. 

Supplies  purchased,  par.  4. 

Use  of  penalty  envelopes  and  labels,  par.  1. 

Weight  limits,  par.  2. 

1.  Use  of  penalty  envelopes  and  labels. — The  following  pro- 
visions of  the  postal  laws  and  regulations  and  the  discussion  in  con- 
nection therewith  are  printed  for  the  guidance  of  all  employees  of 
the  Service. 

LAWS. 
It  shall  be  lawful  for  all  officers  of  the    United    States 


POSTAL  LAWS  AND  REGULATIONS.  267 

Government,  *  *  *  to  transmit  through  the  mail,  free 
of  postage,  any  letters,  packages,  or  other  matters  relating 
exclusively  to  the  business  of  the  Government  of  the  United 
States  *  *  *  Provided,  That  every  such  letter  or  pack- 
age to  entitle  it  to  pass  free  shall  bear  over  the  words  "Offi- 
cial business"  an  endorsement  showing  also  the  name  of 
the  Department,  and,  if  from  a  bureau  or  office  [or  officer] 
the  names  of  the  Department  and  bureau  or  office  [or  offi- 
cer] as  the  case  may  be,  whence  transmitted  [with  a  state- 
ment of  the  penalty  for  their  misuse].  And  if  any  person 
shall  make  use  of  any  such  official  envelope  to  avoid  the  pay- 
ment of  postage  on  his  private  letter,  package,  or  other  mat- 
ter in  the  mail,  the  person  so  offending  shall  be  deemed 
guilty  of  a  misdemeanor,  and  subject  to  a  fine  of  three  hun- 
dred dollars,  to  be  prosecuted  in  any  court  of  competent 
jurisdiction.  (Act  March  3,  1877;  19  Stat,  335.) 

Any  Department  or  officer  authorized  to  use  the  penalty 
envelopes  may  inclose  them  with  return  address  to  any  per- 
son or  persons  from  or  through  whom  official  information 
is  desired,  the  same  to  be  used  only  to  cover  such  official 
information,  and  indorsements  relating  thereto.  *  *  * 
(Act  July  5,  1884,  23  Stat,  158.) 

REGULATIONS. 

No  article,  package,  or  other  matter  *  *  *  shall  be 
admitted  to  the  mails  under  a  penalty  privilege  unless  such 
article,  package,  or  other  matter  *  *  *  would  be  en- 
titled to  admission  to  the  mails  under  laws  requiring  pay- 
ment of  postage.  (Postal  Regulations,  sec.  513,1/.) 

Persons,  not  officers,  writing  to  the  Executive  Depart- 
ments or  to  the  officers  of  the  United  States  concerning  the 
business  of  the  writers  with  the  Government  cannot  use  the 
penalty  envelope  to  transmit  their  correspondence.  Officers 
authorized  to  use  such  envelopes  should  not  furnish  them 
for  use  to  contractors  with  the  Government.  (Postal  Reg- 
ulations, sec.  514,  par.  3.) 

Officers  desiring  official  information  from  or  through 
persons  not  officers  can  furnish  penalty  envelopes  or  labels 
to  cover  the  same  only  with  return  address  printed  or  writ- 
ten thereon.  Where  the  information  is  to  be  forwarded 
periodically,  or  on  more  than  one  occasion,  the  envelopes  or 
labels  bearing  printed  return  address  may  be  furnished  in 
quantities  for  the  transmission  of  such  information.  (Pos- 
tal Regulations,  sec.  514,  par.  4.) 

The  right  of  an  officer  of  the  United  States  to  use  the 


268  RECLAMATION   SERVICE    MANUAL, 

penalty  envelopes  ceases  immediately  upon  his  going  out  of 
office;  and  he  can  not  use  such  envelopes  in  transmitting 
papers  connected  with  the  settlement  of  his  accounts  or  other 
business  pertaining  to  the  office  he  vacated,  except  as  he  may 
receive  them  with  requests  for  official  information,  Avith  re- 
turn address  thereon,  from  a  Department  or  officer  of  the 
Government.  (Postal  Regulations,  sec.  514,  par.  5.) 

Mail  entitled  to  free  carriage  must  relate  exclusively  to  the  busi- 
ness of  the  Government,  consequently,  any  non-official  matter  made 
part  of  or  inclosed  in  a  letter  upon  official  business  removes  the 
entire  communication .  from  the  class  of  matter  entitled  to  free 
transportation  in  the  mails.  In  Section  2,  of  the  said  act,  provision 
is  made  for  furnishing  correspondents  with  penalty  envelopes  when 
information  is  requested  by  the  Government.  Such  penalty  en- 
velopes should  have  the  return  address  fully  written  before  being 
furnished  the  correspondent.  It  has  been  ruled  that  the  answer  to 
a  request  for  proposals  or  the  submission  of  invoices  or  return  of 
vouchers  after  certification  is  not  the  furnishing  of  information  to 
the  government,  but  constitutes  a  transaction  for  which  postage 
should  be  paid  by  the  party  dealing  with  the  government. 

2.  Weight  limits. — In  order  to  be  mailable  under  the  frank 
the  matter  must  be  entitled  to  admission  to  the  mails  under  the  laws 
and  rules  relating  to  paid  matter.     Under  the  parcel  post  law 
fourth  class  matter  is  admissible  in  packages  weighing  not  to  ex- 
ceed eleven  pounds.     For  other  matter  the  limit  is  four  pounds  ex- 
cept for  single  volumes,  books  and  documents  published  or  circu- 
lated by  order  of  Congress,  and  printed  or  written  matter  emanat- 
ing from  any  of  the  Departments  of  the  Government  at  Washing- 
ton.    Field  officers  are  limited  to  the  four-pound  maximum  except 
for  single  volumes  or  parcel-post  matter.      (See  par.  8.) 

3.  Foreign  mail. — Official  correspondence  admissible  to  do- 
mestic mails  under  penalty  label  may  also  be  forwarded  in  the  same 
manner  to  Canada,  Cuba,  Mexico,  and  the  Republic  of  Panama, 
but  to  no  other  foreign  countries.     Penalty  return  envelopes  can- 
not be  used  by  persons  in  any  foreign  country. 

4.  Supplies  purchased. — When   small   supplies   are   ordered 
from  merchants  and  so  far  as  nature  or  weight  are  concerned  are 
admissible  to  the  mails,  penalty  labels  have  sometimes  been    fur- 
nished with  the  order  to  be  used  by  the  merchant  in  transmitting 


POSTAL,   LAWS   AND   REGULATIONS.  269 

the  supplies  to  their  destination  in  the  office  of  the  purchasing  offi- 
cer. This  has  been  ruled  by  the  Postoffice  Department  to  be  an  im- 
proper use  of  the  label.  Labels  should  not  be  furnished  merchants. 
It  is  permissible,  however,  to  have  the  purchases  delivered  to  an  em- 
ployee of  the  Government  by  the  merchant  and  such  employee  may 
then  affix  the  labels  if  the  packages  are  proper  for  mailing.  In  such 
cases  the  employee  should  take  the  package  to  the  post  office  in 
person  and  specifically  call  to  the  attention  of  the  officials  there 
the  fact  that  the  labels  have  been  affixed  by  an  employee  of  the 
government  after  the  delivery  of  the  material  to  the  United  States 
by  the  vendor.  This  precaution  is  necessary  to  prevent  possible 
long  delay  in  transmittal  owing  to  the  receiving  postmaster  con- 
sidering the  package  not  entitled  to  transportation  under  the  label. 

5.  Improper  uses  of  penalty  privilege. — Penalty  envelopes 
or  labels  should  not  be  furnished  to  prospective  bidders  to  be  used 
by  them  in  submitting  their  proposals  for  the  furnishing  of  sup- 
plies, nor  to  water  users'    associations   for    use  in    transmitting 
through  the  mails  advertising  matter  relating  to  the  settlement  of 
the  project,  nor  to  merchants  to  use  in  transmitting  invoices  or  bills 
for  goods  purchased.    These  are  clearly  outside  of  the  legitimate 
use  of  the  privilege. 

Letters  upon  official  matters  which  also  contain  matter  of  a  per- 
sonal or  private  nature  are  not  admissible  to  the  mails  under  the 
penalty  label  since  they  do  not  relate  "exclusively  to  the  business  of 
the  Government  of  the  United  States." 

Envelopes  bearing  the  penalty  seal  should  not  be  used  to  enclose 
private  communications  even  though  the  writer  intends  to  affix  the 
regular  postage  stamps,  as  it  may  happen  that  the  stamps  will  be 
forgotten  or  even  though  affixed  to  the  letter  they  may  become  de- 
tached. In  either  case  the  sender  of  such  letter  would  be  equally 
liable  to  a  fine  of  $300  for  misuse  of  the  penalty  label  as  though 
such  misuse  had  been  made  with  full  intent. 

6.  Registration. — The  official  mail  of  government  officers  lo- 
cated at  Washington,  D.  C.,  is  entitled  to  registration  free  of  charge 
when  presented  by  them  at  the  post-office  in  Washington,  D.  C.,  or 
at  other  offices  when  they  are  temporarily  away  from  Washington. 
Mail  matter  registered  from  the  field  offices  must  be  covered  by 
the  payment  of  the  full  registry  fee.     Special  fiscal  agents  are  au- 
thorized to  pay  for  stamps  for  registration  of  official  matter,  and 
to  reimburse  employees  for  such  expenditure  when  included  as  an 


270  RECLAMATION   SERVICE    MANUAL 

item  of  expense  account.  This  authority  does  not  cover  the  reg- 
istering of  checks  mailed  to  claimants  but  must  be  restricted  to 
official  business. 

7.  Post  office  boxes. — Under  the  decision  of  the  Comptroller 
of  the  Treasury  of  August  9,  1905   (12  Comp.  Dec.,  67),  it  has 
been  the  practice  of  the  Post  Office  Department,  upon  the  receipt 
of  an  application  by  an  employee  of  the  Federal  Government  for  a 
delivery  box  for  official  use,  approved  by  the  head  of  the  Depart- 
ment or  bureau  to  which  he  is  attached,  to  instruct  the  postmaster 
of  the  office  in  which  the  box  is  desired,  to  assign  it  to  him  without 
prepayment  of  rent,  with  the  understanding  that  the  rent  therefor 
will  be  paid  promptly  at  the  end  of  the  quarter.     The  Department 
will  continue  to  so  instruct  postmasters  upon  its  receipt  of  appli- 
cations properly  indorsed.     Application  blank  should  be  obtained 
from  the  local  postmaster. 

8.  Parcel  post. — The  parcel-post  law  of  August  24,  1912  (37 
Stat.,  557),  which  became  effective  on  January  1,  1913,  provides, 
"That  hereafter  fourth  class  mail  matter  shall  embrace  all  other 
matter,  including  farm  and  factory  products,  not  now  embraced  by 
law  in  either  the  first,  second  or  third  class,  not  exceeding  eleven 
pounds  in  weight,  not  greater  in  size  than  seventy-two  inches  in 
length  and  girth  combined,  nor  in  form  or  kind  likely  to  injure  the 
person  of  any  postal  employee  or  damage  the  mail  equipment  or 
other  mail  matter  and  not  of  a  character  perishable  within  a  period 
reasonably  required  for  transportation  and  delivery."     Under  date 
of  March  10,  1913,  the  Postmaster  General,  following  a  decision 
by  the  Attorney  General  of  February  28,  1913,  held  that  it  is  per- 
missible, under  the  law,  for  an  executive  department  or  officer  of 
the  Government  to  send  in  the  mails,  free  of  postage,  under  a  pen- 
alty label,  official  matter  partaking  of  the  characteristics  of  fourth- 
class  matter,  not  exceeding  eleven  pounds  in  weight. 

POWER    POSSIBILITIES,  REPORT  ON,  TO    ACCOM- 
PANY RECOMMENDATION  FOR  RESTORATION 
OF  LAND. 

Lands  withdrawn  under  the  first  or  second  forms,  act  of  June  17, 
1902,  in  connection  with  reclamation  projects  and  found  to  be  no 
longer  needed  in  connection  with  the  construction  or  reclamation 


POWER   AND   POWER   PRIVILEGES,   LEASE   OE.  271 

of  the  projects  in  question,  and,  therefore,  recommended  for  restora- 
tion, may  in  some  instances  possess  possible  value  as  water  power 
sites  or  for  sites  which  could  be  utilized  in  future  public  or  private 
irrigation  enterprises.  It  is  desired,  therefore,  by  the  Department 
that  the  field  officers  of  the  Service  accompany  their  recommenda- 
tion for  restoration  of  lands  with  a  statement  as  to  the  water  power 
or  irrigation  possibilities  of  the  lands  recommended  to  be  restored 
and  an  expression  of  opinion  as  to  whether  the  lands,  or  any  of 
them,  should  be  withdrawn  under  the  provisions  of  the  act  of  June 
25,  1910  (36  Stat,  847). 

POWER  AND  POWER  PRIVILEGES,  LEASE  OF. 

Competition  to  be  obtained,  par.  1. 

Permanent  contract  for  power  for  irrigation  purposes,  par.  2. 

Power  permits,  reports  to  Forest  Service  on,  par.  3. 

1.  Competition  to  be  obtained. — The  authority  to  lease  sur- 
plus power  under  a  reclamation  project  is  to  be  found  in  the  act  of 
Congress  approved  Feb.  24,  1911   (36  Stat.,  930,  Laws,  p.  476). 
Bids  for  the  lease  of  surplus  power  or  power  privilege  should  be 
called  for  on  the  basis  of  a  minimum  price  to  be  fixed  by  the  Ser- 
vice with  appropriate  conditions  to  prevent  interference  with  the 
use  of  water  on  the  project.     The  prices  should  be  so  determined  as 
to  involve  the  minimum  of  supervision.     As  required  by  the  act 
preference  will  be  given  to  use  for  municipal  purposes  in  leasing 
such  surplus  power  or  power  privilege.     Before  any  arrangement 
is  made,  a  form  of  agreement  with  report  on  the  conditions  to  be 
imposed,  and  proposed  plan  of  disposal  of  the  power  possibilities 
should  be  submitted  to  the  Director  for  approval. 

2.  Permanent  contract  for  power  for  irrigation  purposes. — 
Where  an  owner  holds  lands  above  the  grade  of  a  Government  canal 
in  which  there  is  a  sufficient  supply  of  water  for  the  irrigation  of  his 
land,  to  accomplish  which  the  owner  is  willing  to  install  his  own 
pumping  plant,  and  utilize  therefor  an  available  power  development 
from  the  Government  project,  it  would  seem  quite  clear  that  the 
limitations  of  the  act  of  February  24, 1911,  are  inapplicable,  but  that 
such  power  development  and  irrigation  are  actually  a  part  of  the 
project  and  as  such  subject  to  the  terms  of  the  reclamation  act,  the 
water  supply  and  power  development  being  appurtenant  to  the  land 


272  RECLAMATION   SERVICE)    MANUAL 

irrigated,  and  not  limited  in  time  as  provided  in  that  act.  Under  an 
appropriate  and  permanent  contract  which  should  include  the  neces- 
sary power  privilege  for  irrigation  purposes  and  as  appurtenant  to 
his  land,  such  land-owner  may  be  admitted  to  the  benefits  of  the 
reclamation  act.  (Secretary's  instructions,  June  2,  1910.)  A 
statement  by  the  project  manager  should  accompany  power  leases 
clearly  setting  forth  all  the  facts  and  circumstances  relative  to 
ownership,  amount  of  land  irrigated,  residence,  whether  the  land 
has  been  subscribed  to  the  water  users'  association,  and  other  simi- 
lar pertinent  facts  sufficient  to  determine  whether  such  land  owner 
is  qualified  to  make  water-right  application. 

rZ.  Power  permits,  reports  to  Forest  Service  on. — District 
Foresters  are  under  instructions  to  refer  all  applications  for  a  pre- 
liminary water  power  permit  affecting  a  stream  which  is  tributary 
to  the  water  supply  of  a  Reclamation  project  to  the  manager  of 
the  project,  for  report  as  to  whether  the  granting  of  the  prelimi- 
nary permit  will  be  in  any  way  objectionable.  Such  requests  from 
the  Forest  Service  should  be  given  prompt  attention  and  the  Di- 
rector's office  should  be  furnished  with  a  copy  of  the  manager's 
report. 

PRINTED  FORMS. 

Whenever  it  is  necessary  to  prepare  a  contract  or  other  paper  for 
which  a  printed  form  has  been  issued,  care  should  be  taken  to  use 
the  latest  edition.  Wherever  this  is  not  practicable  the  forms 
should  be  followed  as  nearly  as  possible  in  language  and  in  the 
order  of  paragraphs.  Much  more  time  is  required  to  examine  a 
long  type-written  document  and  compare  originals  and  duplicates 
than  printed  forms,  and  there  is  always  possibility  of  material  omis- 
sions where  the  printed  forms  are  not  used.  The  managers  and 
especially  employees  in  charge  of  blanks  should  take  special  pains 
to  prevent  the  issuance  of  old  forms.  Whenever  new  forms  have 
been  supplied  the  old  forms  should  be  immediately  used  for  scratch 
pads  if  suitable  for  that  purpose  and  if  not  should  be  promptly  de- 
stroyed. 

PRINTING. 

No  printing  shall  be  done  in  the  field  unless  authorized  by  the 
Director,  and  vouchers  for  such  printing  will  be  rejected  except 


PROCEEDS,  DISPOSITION  OF.  273 

when  accompanied  by  a  copy  of  the  authorization.  Whenever  it  is 
desired  to  obtain  authority  for  printing  in  the  field  a  full  statement 
must  be  given  of  the  need  of  the  Service  for  such  work  and  the 
reasons  why  it  must  be  printed  locally.  If  the  reason  given  is  that 
there  is  not  sufficient  time  for  the  printing  to  be  done  in  Washing- 
ton, the  reason  for  not  presenting  the  matter  at  an  earlier  date  must 
be  stated.  The  Department  has  authorized  the  Director  to  order 
printing  of  such  forms  and  blanks  as  may  be  necessary,  but  all 
other  matter  must  be  submitted  to  the  Secretary  before  the  printing 
thereof  can  be  authorized  by  the  Director.  (October  28,  1903.) 

PROCEEDS  FROM  VARIOUS  SOURCES,  DISPOSITION 

OF. 

Proceeds  of  concessions  on  freight  charges  should  be  collected 
and  deposited  as  repayments  to  the  reclamation  fund  or  offset 
against  amounts  due  for  freight  (April  3,  1905,  33  Compt.,  Ms., 
15).  Proceeds  of  forfeits  by  defaulting  bidders  are  properly  re- 
payments to  the  reclamation  fund.  The  act  of  March  3,  1905 
(33  Stat.  L.,  1032),  is  not  retroactive  (November  14,  1905,  12 
Compt,  297).  Receipts  under  the  act  of  February  8,  1905  (33 
Stat.  L.,  1032),  should  be  deposited  as  miscellaneous  receipts,  to  be 
carried  quarterly  to  the  reclamation  fund  by  an  appropriation  war- 
rant (Letter  Secretary  of  the  Treasury  to  the  Secretary  of  the  In- 
terior, August  26,  1905).  Such  receipts  will  be  credited  to  the 
reclamation  fund  as  repayments  and  not  appropriated  as  miscella- 
neous receipts  (Letter  Secretary  of  the  Treasury  to  the  Secretary 
of  the  Interior,  December  11,  1905).  Proceeds  of  sales  of  prop- 
erty of  the  Service  belong  to  the  reclamation  fund,  and  such 
moneys  if  improperly  covered  into  the  Treasury  to  the  credit  of  the 
unappropriated  surplus,  may  be  placed  to  the  credit  of  the  reclama- 
tion fund  by  appropriation  warrant  (June  1,  1906,  12  Compt., 
733).  Proceeds  of  net  receipts  from  sales  of  lands  and  all  re- 
ceipts from  sales  of  town-site  lots  should  be  carried  by  appropria- 
tion warrant  as  revenues,  and  proceeds  of  all  other  receipts  by  re- 
pay warrants  as  repayments  (December  6,  1906,  39  Compt.,  Ms., 
957).  Proceeds  of  rentals  of  Indian  lands  are  properly  repay- 
ments to  the  appropriation  notwithstanding  there  is  a  liability  for 
ths  use  thereof  to  the  Indians  (November  9, 1907, 14  Compt.,  285). 


274  RECLAMATION   SERVICE   MANUAL 

PRODUCING  PLANTS  AND  DEPARTMENTS. 

Blacksmith,  machine  and  carpenter  shops,  par.  1. 

Cost  and  revenue  accounts,  par.  6. 

Power  houses,  par.  4. 

Records,  par.  3. 

Reports  of  production,  par.  5. 

Shop  orders,  par.  2. 

1.  Blacksmith,  machine  and  carpenter  shops. — The  distribu- 
tion of  shop  work  charges  on  an  equitable  basis  is  important  in 
order  that  costs  of  departments  affected  thereby  may  be  compared 
and  that  there  shall  be  no  serious  error  in  estimates  based  on  costs 
in  which  expense  for  such  work  forms  a  part.     When  practicable,  a 
clerk  should  be  installed  in  each  shop  to  keep  record  of  shop  orders 
and  to  charge  the  expense  to  the  various  feature  accounts,  but  where 
there  are  several  shops  near  together  one  clerk  may  sometimes  at- 
tend to  the  records  in  all.     In  small  shops,  however,  where    the 
greater  portion  of  the  work  is  chargeable  to  one  or  two  features,  it 
will  not  be  necessary  to  employ  a  shop  clerk,  for  the  expense  of 
operating  the  shop  can  be  easily  charged  to  the  features  receiving 
the  benefit. 

2.  Shop  orders. — When  engineers,  superintendents,  foremen, 
or  others  in  charge  of  wo.rk  want  shop  work  done,  they  should 
make  out  a  requisition  on  the  shop  clerk,  distinctly  specifying  the 
character  and  amount  of  work  required  and  the  shop  clerk  should 
make  out  a  shop  order,  Form  7-801,  for  each  shop  affected. 

3.  Records. — The  shop  clerk  should  carry  a  stock  ledger  ac- 
count of  unused  stock  supplies  in  each  shop  and  credit  such  accounts 
with  the  value  of  articles  used  in  the  various  shop  orders.     Each 
shop  employee  should  be  required  to  keep  a  daily  record  of  the  ma- 
terial used  and  time  worked  on  each  shop  order  and  advise  the  shop 
clerk  who  should  insert  prices  on  the  shop  order,  and  from  the  shop 
orders  to  a  special  ruled  journal,  debiting  the  particular  account 
number  to  which  the  order  should  be  charged  and  crediting  each 
shop  with  material  and  labor  furnished.     On  projects  where  but 
little  shop  order  work  is  done,  the  journal  may  be  unnecessary. 
When  much  of  this  class  of  work  is  done,  it  will  generally  be  found 
that  the  use  of  the  journal  is  desirable  for  it  would  be  difficult  to 
take  the  monthly  distribution  from  the  shop  orders  to  the  general 


PRODUCING   PLANTS    AND   DEPARTMENTS.  275 

classification  books,  especially  when  there  are  several  hundred  or- 
ders to  be  distributed,  some  of  which  may  be  several  months  old, 
and  there  would  always  be  the  possibility  of  errors  having  been 
made  in  dates,  total  time  of  shop  work  and  shop  material.  By  us- 
ing the  journal  it  is  possible  at  any  time  to  ascertain  the  total 
shop  charge  for  labor  and  material,  and  at  the  end  of  the  month 
it  will  only  be  necessary  to  copy  the  amounts  from  the  journal  to 
the  general  classification  book  under  the  proper  account  numbers. 
Apportionments  should  then  be  made  for  shop  supervision,  power, 
fuel,  shop  expenses,  use  of  tools,  etc.,  and  the  monthly  shop  ac- 
counts closed.  The  total  shop  labor  should  agree  with  the  time 
shown  by  the  timekeeper  in  the  time  books.  The  time  of  the  shop 
clerk  and  shop  foreman  cannot  readily  be  distributed  on  the  shop 
orders,  so  the  proportionate  time  of  each  may  be  noted  on  the  top 
of  the  general  classification  book  when  distributing  shop  orders. 
The  per  cent  of  shop  expense  to  be  added  to  shop  orders  may  be 
found  by  adding  the  cost  of  labor  and  material  on  all  shop  orders, 
and  dividing  it  into  the  total  shop  expenses.  The  percentage  on 
each  shop  order  should  be  added  to  the  labor  and  material  costs  and 
the  shop  job  order  expense  not  charged  direct  absorbed  in  this  man- 
ner. A  recapitulation  of  all  charges  to  the  various  account  num- 
bers affected  should  be  then  compiled,  the  total  of  which  must  equal 
the  total  expense  of  operating  each  shop  for  the  month.  This  sum- 
mary should  be  made  out  promptly  at  the  close  of  the  month  and 
sent  to  the  project  office,  where  the  shops  will  be  credited  and  the 
various  features  receiving  benefits  debited. 

4.  Power  houses. — In  order  that  bookkeepers  may  charge  to 
the  features  receiving  benefit  their  proper  proportions  of  the  ex- 
pense of  operating  power  houses  it  will  be  necessary  for  the  engi- 
neer or  foreman  in  charge  to  prepare  and  send  to  the  project  office 
a  monthly  statement  showing  the  total  amount  of  power,  in  horse- 
power-hours, or  other  suitable  units,  generated  and  the  amount  to 
be  charged  to  each  feature. 

5.  Reports    of    production. — All   engineers   or   foremen    in 
charge  of  producing  departments  should  compile  and  send  to  the 
project  office  monthly  statements  showing  the  amount  of  material 
or  manufactured  articles  produced,  the  total  issues  for  the  month 
and  to  whom  made,  and  the  amount  on  hand  at  the  end  of  the 
month.     All  issues  from  producing  departments  should  be  made 


276  RECLAMATION   SERVICE    MANUAL 

only  on  the  regular  requisition   forms  and  handled  in  the  usual 
manner. 

6.  Cost  and  revenue  accounts. — Where  the  Service  conducts 
such  enterprises  as  power  plants,  there  may  be  three  different  con- 
ditions under  which  the  product  is  utilized: 

(a)  It  may  be  used  entirely  upon  other  features  of  the  project, 
as  for  the  operation  of  construction  machinery  or  pumping  plants. 

(b)  It  may  be  entirely  used  for  the  production  of  power  to  be 
sold  to  the  public,  or 

(c)  A  part  of  the  power  may  be  used  on  the  project  for  con- 
struction or  operation  purposes  and  a  part  disposed  of  to  the  public. 

If  all  of  the  product  is  used  in  the.  operations  ot  the  Service  on  a 
project  the  entire  cost  of  producing  the  power  should  be  made  a 
charge  against  the  features  receiving  benefits  upon  the  basis  of  the 
amount  of  power  used,  crediting  the  cost  account  representing  the 
expense  of  producing  the  power  with  the  amounts  so  distributed. 
If  the  entire  product  is  sold  for  commercial  purposes  the  amount 
received  should  be  credited  to  the  appropriate  revenue  account  and 
no  deduction  made  from  the  cost  ledger,  showing  the  expense  of 
producing  the  product  sold.  If  a  part  of  the  power  is  used  on  the 
project  and  a  part  is  sold  the  cost  should  then  be  handled  as  above, 
dividing  it  upon  the  basis  of  the  quantity  of  power  used  on  the  pro- 
ject and  the  quantity  sold,  thus  the  credit  for  power  used  on  other 
features  will  apply  as  a  reduction  of  the  cost  ledger  amount  show- 
ing the  expense  of  producing  the  power  and  the  credit  for  the  power 
sold  will  appear  in  the  revenue  accounts,  and  there  will  remain  in 
the  cost  ledger  accounts  an  item  representing  the  pro  rata  cost  of 
producing  the  power  sold.  This  cost  may  remain  in  ti\e  account 
in  which  originally  accumulated  or  it  may  be  trans  fecred  to  another 
cost  account  provided  especially  to  show  the  cost  of  power  sold. 

The  proceeds  from  the  sale  of  manufactured  articles  as  tap  boxes, 
concrete  pipe,  etc.,  should  be  credited  to  the  inventory  or  cost  ac- 
count in  which  the  value  or  cost  of  such  articles  appear  as  a  debit. 

PROMISES. 

No  employee  is  authorized  to  make  promises  that  in  any  way 
involve  the  Service,  directly  or  indirectly.  It  is  impossible  to 
recognize  any  alleged  obligations  for  the  payment  of  money,  per- 


PROPERTY.  277 

formance  of  work,  or  completion  of  irrigation  systems  in  whole  or 
in  part  unless  the  promise  or  agreement  has  been  authorized  speci- 
fically or  in  general  terms  by  the  Secretary  of  the  Interior,  and 
has  been  clearly  stated  in  writing  with  signatures  properly  attached. 
Supervising  engineers,  project  managers  and  other  responsible  em- 
ployees .are  instructed  to  disregard  alleged  oral  promises  and  to 
report  to  the  Director  for  suitable  action  any  violations  of  this  rule. 

PROPERTY. 

Authority  to  dispose  of  property,  par.  5. 

Destruction  of  worthless  property,  par.  4. 

Inspection  of  property,  par.  3. 

Lost,  strayed,  or  stolen  property,  reward  for,  par.  10. 

Maps,  field  notes,  etc.,  sale  of,  par.  8. 

Property  accountability,  par.  1. 

Property  record,  par.  2. 

Reward  for  conviction  of  persons  injuring  property,  par.  11. 

Sales,  par.  6. 

Transfer  of  equipment  between  projects,  par.  7. 

Use  or  lease  of  property  for  private  ends,  par.  9. 

1.  Property  accountability. — The  term  "property"  is  here  used 
to  mean  machinery,  tools,  implements,  vehicles,  animals,  instru- 
ments, furniture,  utensils,  etc.,  that  are  used  on  a  project  and  that 
neither  enter  into  permanent  construction  nor  are  consumed  except 
by  wear  and  tear.     The  storehouse  and  inventory  accounts  show 
all  receipts  and  issues  and  the  property  records,  which  should    be 
kept  in  a  similar  manner  should  show  the  amount,  value  and  de- 
scription of  all  property  with  which  the  project  is  charged.     The 
property  record  accounts  should  be  kept  by  the  property  inspector, 
who  should  have  responsible  charge  of  all  matters  pertaining  to 
property.     The  accounts  with  each  article  should  be  kept  on  Form 
7-780  and  should  be  arranged  alphabetically,  as  should  all  inter- 
mediate or  subsidiary  papers.     This  record  should  account  for  all 
such  articles  as  power  developers,  stationery  engines,  boilers,  gas 
engines,  water  motors,  electric  generators  and  motors,  machinery, 
locomotives,  cars,  tracks,  cableways,  skips,  forges,  graders,  scrapers, 
plows,  harness,  instruments,  office  appliances,  furniture,  tents,  etc. 

2.  Property  record  (Form  7-780). — The  property  inspector 
should  use  this  form  in  keeping  a  complete  record  of  the  property 


278  RECLAMATION     SERVICE     MANUAL. 

with  which  his  project  is  chargeable.  A  sufficient  number  of  sheets 
in  the  front  portion  of  the  binder  should  be  inserted  for  the  hand- 
ling of  the  accounts  for  each  feature,  camp,  or  part  of  the  project, 
and  in  the  back  of  the  binder  leaves  should  be  reserved  for  the  con- 
trolling accounts  to  cover  the  project  property  accountability. 
These  two  sets  of  accounts  should  always  be  in  balance.  The 
storehouse,  mercantile  stores  and  other  inventory  accounts  should 
be  considered  as  project  features.  Number  the  pages,  when  prac- 
ticable, and  fill  in  the  spaces  provided  for  "  project,"  "feature," 
"article,"  "class  number  or  size,"  and  "responsible."  When  hand- 
ling the  project  property  accountability  records,  the  spaces  for 
"feature"  and  "responsible"  need  not  be  filled  in.  Upon  the  basis 
of  an  inventory,  which  should  be  taken  before  opening  the  books, 
open  an  account  on  the  debit  side  with  each  article  of  property  dis- 
tributed over  the  project,  by  features,  camps,  or  parties,  inserting 
the  date  of  taking  the  inventory.  "Voucher  No."  has  reference  to 
the  number  of  the  particular  purchase  order  or  invoice,  transfer  of 
equipment,  or  requisition  covering  a  manufactured  article;  and  all 
such  papers,  as  they  come  into  the  project  office,  should  be  referred 
to  the  property  inspector  for  his  information,  and  in  order  to  allow 
him  to  keep  his  records  up  to  date.  He  should  initial  them  when 
their  contents  have  been  noted.  The  space  for  "name  of  voucher" 
is  for  the  insertion  of  the  names  of  these  forms.  Fill  in  spaces  for 
"quantity"  and  "value."  If  desired  these  postings  can  be  made 
from  the  vouchers  monthly,  or  if  it  is  found  practicable,  it  might 
be  more  desirable  to  post  these  articles  directly  from  the  invoices 
each  day  in  the  following  manner :  When  invoices  are  received  and 
entered  in  the  classification  book,  those  which  have  listed  thereon 
equipment,  should  be  handed  to  the  property  inspector  who  will 
enter  the  items  in  the  equipment  ledger  charging  the  project  with  it 
in  the  controlling  account  and  will  then  charge  it  out  to  the  feature 
to  which  issued  or  storehouse  account  where  stored.  On  the  credit 
side  of  the  accounts  with  each  article,  all  storehouses  should  be 
credited  with  articles  issued  on  requisition  and  all  features,  camps, 
or  parties  should  be  credited  with  any  article  transferred,  worn 
out,  lost  or  sold,  filling  in  spaces  for  "date,"  "name  of  vouchers," 
"quantity,"  and  "value."  "Voucher  No."  is  intended  to  cover 
transfer  of  equipment,  equipment  inspection  report,  affidavit,  or 
auction  sales  report.  The  controlling  accounts  for  project  property 
accountability  should  be  handled  in  precisely  the  same  manner  as 


PROPERTY.  279 

are  the  feature  accounts.  These  two  sets  of  accounts  should  be 
kept  absolutely  up  to  date,  and  as  the  information  affecting  the 
property  records  reaches  the  property  inspector  it  should  at  once 
be  entered  on  the  books.  This  is  imperative  in  order  that  engi- 
neers, superintendents,  foremen,  and  others  concerned  may  be  able 
to  locate  any  article  or  class  of  articles  without  delay,  so  that  the 
availability  of  certain  property  for  transfer  to  other  projects  or 
project  features,  to  meet  certain  emergencies,  may  at  once  be  de- 
termined. When  accounts  with  certain  features,  camps,  or  parties 
become  inactive  owing  to  the  articles  having  been  transferred,  they 
may  be  taken  from  the  binder  and  filed  for  future  reference. 

3.  Inspection  of  property. — The  property  record  should  be  a  /— ^ 
perpetual  inventory,  and  should  be  kept  up  to  date  in  every  par-  ! 
ticular,  and  in  order  that  this  may  be  done,  the  property  inspector 
should  make   frequent  inspection  trips  to  the    various     features. 
checking  up  property  on  hand,  arranging  for  the  condemnation  of 
worn-out  and  worthless  implements,  or  the  sale  or  transfer  of  other 
property  no  longer  required.     Foremen  and  other  heads  of  parties 
should  be  required  to  give  a  strict  accounting  of  property  that  may 

be  missing,  and  should  be  required  to  make  good  any  shortage  if  it 
is  the  result  of  carelessness  or  neglect  in  carrying  out  instructions.    ; 
The  property  inspector  should  also  see  that  the  property  is  .properly 
cared  for,  and  not  allowed  to  be  unduly  exposed  to  the  weather  ot-^Ji 
abused  in  any  way.     The  property  inspection  report,  Form  7-776, ~ 
should  be  used  when  making  an  inspection. 

In  order  that  the  property  inspector  may  keep  his  records  up  to 
date,  he  should  check  and  initial  all  papers  recording  transactions 
in  property,  including  receipted  invoices,  requisitions,  or  transfers 
of  equipment  coming  from  the  storehouse  or  other  issuing  depart- 
ment to  the  office.  All  property,  when  practicable,  should  be 
branded, -and  it  is  generally  advisable  to  open  a  book  showing  hoof 
and  body  brands,  color,  age,  etc.,  of  animals,  make  and  size  of 
wagons,  etc.,  so  that  later  on,  should  occasion  require  it,  such  prop- 
erty may  be  identified.  The  inspection  of  property  should  be  given 
great  care,  and  property  that,  with  a  reasonable  amount  of  repair- 
ing, might  do  service  for  a  number  of  years  should  not  be  sold  or 
destroyed.  Five  individual  wagons,  for  instance,  might  be  useless, 
but,  if  the  serviceable  portions  of  each  were  assembled,  two  or  more 
serviceable  vehicles  may  be  secured. 

4.  Destruction  of  worthless  property. — After  the  inspector 


280  RECLAMATION     SERVICE     MANUAL. 

has  looked  over  the  property  in  a  camp  he  should  complete  his  in- 
spection report  7-776  and  sign  it  in  duplicate,  have  the  engineer, 
superintendent,  foreman  or  other  responsible  person  in  charge  of 
the  camp  sign  also  and  indicate  his  title.     Requisitions  or  transfers 
should  also  be  made  out  by  the  person  in  charge  of  the  feature  to 
adjust  any  discrepancies.     Foremen  and  others  should  be  required 
to  return  to  the  storehouse  articles  that  they  may  consider  to  be 
worn  out  or  worthless.     Such  articles  should  be  collected  and  kept 
in  a  pile  for  destruction  by  the  inspector.     The  inspector  should 
have  the  engineer,  superintendent,  or  foreman  of  the  feature  or 
camp  make  out  in  duplicate  on  Form  7-777  certificate  as  to  the 
loss,  destruction,  or  other  disposition  of  property  thus  accounted 
for,  one  copy  of  the  certificate  being  kept  by  the  party  chief,  and 
the  other  retained  by  the  inspector  for  use  in  adjusting  his  records. 
5.  Authority  to  dispose  of  property. — The  act  of  March  3, 
1.905  (33  Stat,  1032),  provides  that  the  proceeds  of  sales  of  ma- 
terial utilized  for  temporary  work  and  structures  in  connection  with 
operations  under  the  Reclamation  Act,  of  sales  of  condemned  prop- 
erty purchased  under  the  Reclamation  Act,  and  any  moneys  re- 
funded in  connection  with  operations  thereunder  shall  be  covered 
into  the  Reclamation  fund.     In  the  absence  of  any  express  prohibi- 
tion as  to  the  particular  property,  the  head  of  the  executive  de- 
partment in  whose  care  and  custody  public  property  is  placed  to  be 
used  for  a  particular  purpose  may,  until  the  property  is  needed  for 
the  purpose  indicated,  exercise  his  judgment  and  discretion  as  to 
its  proper  care  and  disposition,  and  any  official  use  of  it  not  incom- 
patible with  the  purposes  intended  is  not  a  diversion  to  other  uses, 
and  is  neither  a  violation  of  law  nor  an  abuse  of  the  supervisory 
authority  and  discretion  reposed  in  him  (April  11,  1906,  34  L.  D., 
459).     Project  managers  have  general  authority  to    dispose    of 
equipment  in  the  manner  recommended  by  the  board  of  survey. 
This  general  provision  does  not,  however,  give  authority  for  the 
disposing  of  expensive  or  unusual  articles  of  equipment  by  sales 
unless  specifically  authorized  by  the  Director. 

6.  Sales. — In  case  certain  articles  are  found  that  are  of  no 
service  to  the  Government,  but  would  probably  warrant  the  cost  of 
a  sale,  they  should  be  transferred  to  the  storehouse  and  kept  in  a 
separate  place.  When  a  sufficient  amount  of  worn-out  or  useless 
property  has  been  thus  accumulated  to  warrant  the  holding  of  a 
sale A the  project  or  supervising  officer,  at  the  instance  of  the 


PROPERTY.  281 

property  inspector,  should  appoint  a  board  of  survey.  One  of  the 
board  should  be  the  property  inspector.  Form  7-778,  report  of 
survey,  should  be  used  in  connection  with  the  appointment  and  re- 
ports of  such  a  board.  It  is  not  necessary  that  property  should 
be  sold  at  auction.  It  may  be  sold  on  sealed  proposals  invited  from 
all  persons  likely  to  compete,  or  at  private  sale  when  there  is  no 
possibility  of  securing  competition  and  this  condition  can  be  shown. 
Property  should  be  classified,  sorted  in  lots,  and  so  arranged  at  its 
sale  as  to  present  a  good  appearance  to  prospective  buyers.  As  a 
rule,  the  services  of  an  auctioneer  should  be  procured  when  an  auc- 
tion sale  is  contemplated,  in  order  that  the  prices  received  may  be 
as  great  as  possible.  The  auctioneer  may  be  paid  out  of  the  gross 
receipts  of  the  sale,  and  a  sub-voucher  receipt  taken  therefor.  How- 
ever, a  member  of  the  service  may  be  detailed  by  the  project  engi- 
neer to  act  in  this  capacity  when  necessary.  A  copy  of  the  report 
of  survey  and  of  the  order  from  the  project  or  supervising  officer 
to  a  property  clerk  to  conduct  a  sale  of  property  should  accom- 
pany each  report  to  the  Director  of  sales  of  property.  This  report 
should  also  show  the  place,  date  and  kind  of  sale.  If  the  sale  was 
conducted  privately,  the  reasons  for  holding  it  in  this  manner  should 
be  stated;  if  under  advertisement  for  proposals,  the  number  of  ad- 
vertisements sent  out  and  posted  should  be  given  and  the  number 
of  proposals  received  in  reply  and  an  abstract  of  them.  A  list  of 
the  articles  sold,  arranged  alphabetically,  should  also  be  furnished, 
showing  the  names  and  addresses  of  purchasers  and  the  prices  and 
the  gross  amounts  received.  The  net  amount  received  should  be 
taken  up  on  collection  vouchers  by  the  special  fiscal  agent.  If  an 
auction  sale  notice  be  desired,  one  may  be  printed  locally.  Such  a 
notice  should  be  prepared  substantially  as  follows : 

PUBLIC  AUCTION. 

To  be  sold  at  public  auction, 
Public  Animals  and  Material. 

The  property  of  the  U.  S.  Reclamation  Service  as  fol- 
lows: 

(List  of  articles). 

Sale  to  take  place  at   

Terms:  Cash  on  delivery  of  the  property. 

By  order  of  the  Supervising  Engineer, 

Project,  U.  S.  Reclamation  Service. 

Signature, 

Title, 


282  RECLAMATION     SERVICE     MANUAL. 

All  animals  and  property  sold  should  be  branded  or  marked  "I.  C.," 
the  initials  for  inspected  and  condemned. 
7.  Transfer  of  equipment  between  projects. 

(a)  Central  office. — The  Transportation  Office  at  Chicago  is  the 
central  office  to  which  will  be  reported  all  equipment  and  material 
available  for  transfer  and  will  be  held  responsible  for  keeping  the 
various  projects  informed. 

(b)  Board  of  survey. — When  equipment  is  no  longer  needed  on 
a  project  a  board  of  survey  should  be  appointed  to  make  recom- 
mendations for  its  disposal  either  by  destruction,  transfer,  private 
sale,  sale  on  proposals  after  advertisement,  or  public  auction.    This 
is  to  be  accomplished  by  use  of  Form  7-778. 

(c)  Disposition. — If  the  board  of  survey  is  of  the  opinion  that 
the  equipment  is  in  such  a  condition  that  it  would  be  advantageous 
to  transfer  it  to  some  other  project,  it  should  be  placed  on  the  trans- 
fer list  by  means  of  preparing  an  available  equipment  notice,  Form 
7-782. 

(d)  Repair  parts. — If  any  repair  parts  are  necessary,  the  Board 
at  the  time  of  making  the  recommendation  should  note  the  repairs 
required  to  put  the  equipment  into  working  order  and  these  parts 
should  be  completely  described,  and,  if  possible,  the  catalogue  num- 
ber and  approximate  cost  of  each  repair  part  should  be  noted  on 
the  blank  in  space  provided'  for  this  purpose. 

(e)  Method    of    advising    Transportation    Office. — After    the 
preparation  in  triplicate  of  Form  7-782  has  been  completed,  the 
project  office  should  forward  all  copies  to  the  supervising  engineer 
for  his  approval.     The  supervising  engineer,  if  he  approves  the  ap- 
praised transfer  value,  will  note  his  approval  and  return  one  copy 
to  the  project  office,  retain  one  copy  for  his  files,  and  will  forward 
the  original  to  the  Transportation  Office  in  Chicago  where  it  will 
be  assigned  a  serial  number  and  registered  in  a  book  or  on  cards  in 
abstract  form. 

(f )  Serial  number. — The  serial  number  will  be  used  in  referring 
to  the  article  in  all  correspondence  and  will  also  serve  as  an  index 
to  the  available  equipment  notice  which  will  be  filed  in  a  vertical 
file  arranged  alphabetically  according  to  the  name  of  the  equipment 
or  material. 

(g)  Method  of  advising  project  offices. — The   Transportation 
Office  after  receiving  the  available  equipment  notice  from  the  super- 
vising engineer  will  prepare  sufficient  copies  of  these  notices    to 


PROPERTY.  283 

notify  all  supervising  and  project  managers  of  that  equipment 
which  may  be  obtained  by  transfer. 

(h)  Unlisted  equipment. — When  project  offices  desire  to  secure 
equipment  or  material  by  transfer  which  has  not  been  listed  as 
available,  they  may  notify  the  Transportation  Office  of  their  re- 
quirements, and  these  wants  will  be  noted  in  a  bulletin  to  be  issued 
by  that  office  periodically. 

(i)  Effecting  transfer. — When  equipment  or  material  is  needed 
on  any  project,  the  file  of  available  equipment  notices  should  be 
referred  to  before  purchasing,  and  if  there  are  any  articles  listed 
that  are  suitable  and  can  be  shipped  at  a  reasonable  price  compared 
with  new  equipment  of  the  same  class,  request  should  be  made  for 
its  transfer.  This  will  be  taken  up  by  correspondence,  or  by  tele- 
graph, if  necessary,  with  the  project  where  the  equipment  is  lo- 
cated. Copies  of  all  such  correspondence  should  be  sent  to  the 
Transportation  Office  at  Chicago  and  the  supervising  engineer  of 
the  district  in  which  the  equipment  is  listed.  Telegraphic  corre- 
spondence may  be  shortened  by  the  use  of  the  serial  numbers,  omit- 
ting the  full  description.  It  will  be  well  in  each  case  to  use  the 
name  of  the  article  in  connection  with  the  number  as  "No  950, 
Steam  Shovel."  This  will  in  a  measure  guard  against  telegraphic 
errors.  This  number  will  also  serve  to  differentiate  between  two 
or  more  bulletined  articles  of  the  same  description. 

(j)  Appraised  transfer  value. — There  should  be  no  delay  by 
reason  of  negotiations  as  to  prices,  as  the  appraised  transfer  value 
will  serve  as  a  tentative  amount  and  any  adjustments  that  may  ap- 
pear desirable  should  be  taken  up  later.  For  this  reason  the  trans- 
ferring project  when  listing  equipment  or  material  should  place  a 
conservative  value  on  the  equipment,  having  in  mind  a  probable 
amount  which  could  be  realized  from  a  private  or  public  sale  of 
second  hand  equipment.  This  appraised  transfer  value  should  al- 
ways be  f.  o.  b.  shipping  point. 

(k)  Transfer  vouchers. — Upon  shipment  the  transferring  pro- 
ject should  prepare  transfer  vouchers  making  four  copies,  sending 
one  copy  to  the  Transportation  Office  at  Chicago  as  a  notice  of  the 
withdrawal  from  the  available  list  of  the  equipment  in  question. 
After  it  has  served  its  purpose  in  that  office,  it  will  be  transmitted 
to  the  Director  where  it  will  serve  as  a  notice  of  transfer,  and  if 
the  transfer  vouchers  do  not  reach  the  Washington  office  within 
a  reasonable  time  it  will  serve  as  a  reminder  for  tracing  purposes. 


284  RECLAMATION     SERVICE     MANUAL. 

(1)  Bulletins. — Periodically  the  Transportation  Office  will  pre- 
pare a  bulletin  report  of  non-availability  of  previously  published 
articles.  Projects  should  promptly  advise  the  Transportation 
Office  of  the  withdrawal  of  any  equipment  from  the  available  list. 
By  March  first  of  each  year  a  revised  list  should  be  prepared  of  all 
articles  which  have  been  previously  listed  as  available  for  transfer 
and  forwarded  each  project  for  its  information.  This  will  mention 
only  the  article  and  serial  number. 

(m)  Freight  charges. — If  time  will  permit,  the  project  manager 
desiring  to  secure  any  article  on  transfer  list  should  communicate 
with  the  Transportation  Office  to  ascertain  the  approximate  freight 
charges. 

(n)  Repair  parts,  purcha-sing  of. — To  avoid  delay  in  placing  the 
equipment  in  serviceable  condition,  the  project  office  requesting 
the  transfer  should  advise  the  Transportation  Office,  either  by  let- 
ter or  by  telegraph,  if  that  office  should  purchase  the  repair  parts 
noted  as  being  necessary. 

(o)  Miscellaneous. — Only  large  items  of  equipment,  such  as 
locomotives,  steam  shovels,  engines,  wheelers,  fresnos,  animals, 
etc.,  need  be  considered  as  covered  by  these  instructions.  These 
instructions  should  not,  however,  be  understood  as  restricting  the 
transfer  of  any  articles  when  practicable  and  desirable  to  do  so. 
(  SEE  LOCAL  TRANSFERS.  ) 

8.  Maps,  field  notes,  etc.,  sale  of. — The  following  rules  have 
been  established  under  authority  of  the  Secretary  of  the  Interior 
with  regard  to  the  sale  of  maps,  plans,  field  notes,  etc. : 

1.  Published  maps,  farm  unit  plans,  etc.,  shall  be  disposed 
of  at  the  estimated  cost  of  printing  and  handling,  as  deter- 
mined by  the  Director  of  the  Reclamation  Service. 

2.  All  finished  maps  and  profiles  which  are  not  published 
and  which  show  physical  conditions  may  be  reproduced  and 

photographed  and  copies  disposed  of  to  all  persons  who  de- 
sire them  at  the  estimated  cost  of  production  and  handling, 
as  determined  by  the  Director  of  the  Reclamation  Service. 

A  pamphlet  entitled  "Publications  of  the  United  States  .Reclama- 
tion Service,"  giving  the  prices  of  the  various  publications  of  the 
Service  has  been  issued  and  will  be  revised  and  brought  up  to  date 
from  time  to  time.  Copies  thereof  may  be  obtained  by  application 
to  the  Director.  When  large  quantities  of  maps  or  drawings  are 
desired,  special  prices  will  be  furnished  upon  request. 


^PROPERTY  285 

AA-<i/V>x£'i-J{~- 

9.  Use  or  lease  of  property  for  private  ends. — The  responsible 
engineers  in  charge  of  small  as  well  as  large  works  must  see  that 
public  property,  whether  stationery,  instruments,  animals,  or  ma- 
chinery, is  not  in  any  way  used  or  leased  for  private  ends.     No  lax- 
ity in  this  respect  shall  be  allowed.     Where  the  leasing  of  a  plant 
will  be  of  general  benefit  to  the  community  the  matter  should  be 
submitted  to  the  Director  with  full  report  and  recommendation 
with  draft  of  lease  which  should  contain  appropriate  provision  for 
the  protection  of  the  property  and  its  return  to  the  service.     Au- 
thority for  such  lease  must  be  obtained  from  the  Director.     (See 
CONTRACTS,  PAR.  43.) 

10.  Lost,  strayed  or  stolen  property,  reward  for. — The  Secre- 
tary of  the  Interior  has  authority,  under  the  Reclamation  Act,  to 
offer  a  reward  for  the  return  of  lost,  strayed  or  stolen  property  of 
the  United  States,  when  in  his  judgment  such  offer  may  be  an  ap- 
propriate means  to  secure  the  return  of  such  property.     As  the  Sec- 
retary, only,  is  authorized  to  offer  such  rewards  none  should  be 
made  except  in  pursuance  of  specific  or  general  authority  conferred 
in  advance  by  the  Secretary.      (Unpublished  Comptroller's  decis- 
ions.    May  19,  1911.) 

11.  Reward  for  conviction  of  persons    injuring   property. — 
Section  10  of  the  Reclamation  Act  authorizes  the  Secretary  of  the 
Interior  to  perform  any  and  all  acts  which  may  be  necessary,  and 
proper  for  carrying  the  provisions  of  the  act  into  full  force  and 
effect,  and  he  therefore  has  authority  to  take  such  action  as  may  be 
necessary  and  proper  to  protect  while  in  possession  of  the  United 
States  the  property  required  for  use  in  connection  with  the  work 
authorized  under  the  act.     If,  in  the  judgment  of  the  Secretary  of 
the  Interior  the  offering  of  a  reward  for  information  leading  to 
the  conviction  of  any  person  or  persons  wilfully  damaging  or  inter- 
fering with  such  property  or  any  part  thereof,  would  be  a  necessary 
and  proper  means  of  protecting  it  from  such  damage  of  interfer- 
ence, reasonable  reward  may  be  offered  for  such  information,  and 
payment  of  reward  so  offered  would  be  authorized  when  satisfac- 
tory proof  of  the  earning  thereof  has  been  presented.      (Comp- 
troller's decision,  March  7,  1913.)      Specific  authority  must  be  had 
in  advance  from  the  Director  in  each  case  for  the  offering  of  re- 
wards of  this  nature. 

12.  Destruction  of  public  property. — Under  the  ruling  in  the 


286  RECLAMATION     SERVICE     MANUAL. 

case  of  Houck  vs.  U.  S.  (201  Fed.,  862),  it  would  appear  that 
Sec.  14  of  the  Act  of  March  3,  1899  (30  Stat.,  1152),  can  be  in- 
voked for  the  punishment  of  any  act  to  deface,  destroy,  injure  or 
obstruct,  etc.,  any  dike,  levee  or  wharf  built  in  connection  with 
reclamation  projects  along  or  upon  navigable  waters;  or  the  plant 
used  in  the  construction  of  the  same. 

Other  acts  providing  foj  damages  against  and    protection  of 
property  in  specific  cases  are  cited  on  page  533  of  this  manual. 

PUBLIC  NOTICES. 

Announcements  relating  to  public  notices,  par.  6. 

Charges  against  irrigable  lands,  par.  4. 

Conformity  of  entries  to  farm  units,  par.  7. 

Data  to  be  furnished,  par.  9. 

Description  of  lands  in  public  notices,  par.  2. 

Limit  of  area  for  entry  and  water-right  application,  par.  3. 

Monthly  reports  of  water-right  applications  and  payments,  par.  9. 

Public  notices  required  by  Reclamation  Act,  par.  1. 

Publicity,  par.  10. 

Publishing  and  posting  public  notices,  par.  5. 

Report  of  entries  and  conflicts  to  General  Land  Office,  par.  8. 

1.  Public  notices  required  by  Reclamation  Act. — Under  sec- 
tion 4  of  the  Reclamation  Act,  as  soon  as  any  division  of  an  irriga- 
tion project  is  completed,  the  Secretary  will  give  "public  notice  of 
the  lands  irrigable  under  such  project  and  limit  of  area  per  entry, 
which  limit  shall  represent  the  acreage  which,  in  the  opinion  of  the 
Secretary,  may  be  reasonably  required  for  the  support  of  a  family 
upon  the  lands  in  question ;  also  of  the  charges  which  shall  be  made 
per  acre  upon  the  said  entries,  and  upon  lands  in  private  owner- 
ship which  may  be  irrigated  by  the  waters  of  the  said  irrigation 
project,  and  of  the  number  of  annual  instalments,  not  exceeding 
ten,  in  which  such  charges  shall  be  paid  and  the  time  when  such 
payments  shall  commence." 

2.  Description  of  lands  in  public  notices. — The  public  notice 
issued  by  the  Secretary  for  a  completed  portion  of  an  irrigation 
project  describes  the  irrigable  lands  by  reference  to  farm  unit  plats 
showing  the  lands  to  which  water  can  be  furnished.     The  farm  unit 


PUBUC    NOTICES.  287 

plats  are  approved  by  the  Secretary  prior  to  the  issuance  of  the 
public  notice  and  copies  thereof  are  filed  in  the  General  Land  Office 
and  in  the  local  land  office  for  the  district  in  which  the  project  is 
located. 

3.  Limit  of  area  for  entry  and  water-right  application. — The 
limit  of  area  for  entry  is  fixed  by  the  public  notice  by  reference  to 
the   farm  units  on  the  approved   farm  unit  plats.     The  sizes  of 
farm  units  are  determined  by  local  physical  conditions  and  vary 
for  the  different  irrigation  projects  from  10  to  160  acres.     The 
sizes  of  farm  units  on  any  particular  project  are  determined  from 
a  consideration  of  the  fertility,  irrigability  and  location  of  the  land 
contained  in 'the  farm  units.     The  limit  of  area  of  land  per  owner 
for  which  water-right  application  can  be  made  for  lands  in  private 
ownership  is  160  acres  of  irrigable  land  unless  otherwise  stated  in 
the  public  notice.      (Sec  FARM  UNIT  PLATS.) 

4.  Charges  against  irrigable  lands. — The  instalments  of  the 
charges  made  by  the  United  States  on  entries  and  on  lands  in  pri- 
vate ownership  that  are  to  be  irrigated  on  a  project  are  divided 
into  two  parts,  namely,  the  building  charge  and  the  operation  and 
maintenance   charge.     The    regulation   has   been    established   that 
water  will  not  be  furnished  in  any  year  for  any  lands  unless  pay- 
ment has  been  made  of  all  portions  of  instalments  for  operation 
and  maintenance  which  have   theretofore   become   due.     The  re- 
ceipt of  such  portion  of  the  reclamation  water-right  charges  separ- 
ate and  apart  from  the  building  charge,  is  authorized. 

5.  Publishing  and  posting  public  notices. — Upon  the  issuance 
of  a  public  notice  the  Director  transmits  to  the  project  manager, 
with  appropriate  instructions,  a  copy  of  the  public  notice  by  posting 
in  his  office,  and  transmits  to  the  publishers  of  designated  news- 
papers copies  of  the  public  notice  for  publication.     Copies  of  the 
approved  farm-unit  plats  of  the  townships  designated  in  the  public 
notice,  and  showing  the  lands  to  be  irrigated,  and  copies  of  public 
notices  are  furnished  to  the  General  Land  Office. 

6.  Announcements  relating  to  public  notices. — Upon  receipt 
of  a  public  notice  by  the  project  manager  he  will  notify  all  parties 
whose  entries  are  affected  by  the  public  notice  what  the  building 
charges  per  acre  will  be,  together  with  the  number  of  instalments 
and  the  time  when  payments  thereon  are  to  commence,  what  the 
operation  and  maintenance  charges  for  the  first  year  will  be,  when 


288  RECLAMATION     SERVICE     MANUAL. 

and  where  payment  thereof  is  cUie  and  what  amount  of  water  will 
be  furnished  per  acre  per  annum,  whether  the  Secretary  has  or  has 
not,  as  the  case  may  be,  entered  into  contract  with  a  water  users' 
association  on  the  project  and  therefore  whether  the  certificate  of 
the  water  users'  association  forming  part  of  the  application  should 
or  should  not  be  filled  out  and  properly  executed. 

7.  Conformity  of  entries  to  farm  units. — All  entries  of  lands 
shown  on  township  plats  should  be  made  in  conformity  to  the  farm 
units  and  areas  thereof  designated  on  such  plats.     Each  farm  unit 
must  be  entered  in  its  entirety,  and  no  more  than  one  of  such  units 
can  be  embraced  in  an  entry.    Where  existing  entries  made  prior  to 
the  date  of  the  act  of  June  25,  1910,  (36  Stat.  835)  are  affected  by 
limiting  the  area  per  entry  and  combining  and  classifying  the  legal 
subdivisions  as  farm  units,  the  local  land  office  sends  by  registered 
mail  to  each  of  said  entrymen  at  his  address  of  record  notice  that 
he  will  be  required  within  30  days  from  the  receipt  of  such  notice  to 
adjust  and  conform  his  entry  to  one  of  the  farm  units  affected  by 
his  entry  and  in  case  of  reduction  of  area  to  select  the  unit  that  he 
desires  to  retain.    Upon  the  failure  of  the  party  so  notified  to  com- 
ply with  the  notice  within  the  time  specified,  the  local  land  office  re- 
ports this  fact  at  once  to  the  General  Land  Office,  with  its  recom- 
mendation, forwarding  evidence  of  the  service  of  notice.    The  Com- 
missioner of  the  General  Land  Office  then  takes  prompt  action  to 
conform  the  entry  to  the  particular  farm  unit  selected  by  him  for  the 
entryman  and  to  cancel  the  entry  as  to  the  area  outside  of  this  farm 
unit. 

8.  Report  of  entries  and  conflicts  to  General  Land  Office. — 
When,  in  pursuance  of  the  notice  issued  by  the  local  land  office,  an 
entryman  has  made  his  selection  of  a  farm  unit,  or  has  shown  cause 
why  his  entry  should  not  be  made  to  conform  to  a  farm  unit,  a  re- 
port thereon  is  forwarded  to  the  General  Land  Office.     When  se- 
lection is  made  by  the  entryman,  his  entry  is  amended  to  conform  to 
the  selected  tract,  which  action  has  the  effect  of  releasing  to  subse- 
quent entry  as  authorized  by  law  the  area  outside  of  the  farm  units 
which  he  elects  to  retain.     Where  the  rights  of  entrymen  conflict, 
whether  or  not  a  showing  is  made  by  either  of  the  parties,  the  mat- 
ter with  all  papers  is  forwarded  to  the  General  Land  Office  with 
the  request  and  recommendation  of  the  local  land  office  as  to  the 
action  to  be  taken.     The  General  Land  Office  will  then  take  such 
action  as  the  facts  may  warrant  after  obtaining,  if  desired?  an  opin- 


PUBLICATION.  289 

ion  from  the  Reclamation  Service.  All  cases  arising  from  the  ad- 
justment of  entries  to  farm  units  receive  early  and  special  consid- 
eration by  the  General  Land  Office. 

9.  Data  to  be  furnished. — When  water  is  to  be  furnished  for 
any  section  of  the  project,  the  supervising  engineer,  in  the  preceding 
year,  will  forward  report  containing  data  required  for  the  public 
notice.     The  following  are  required : 

(a)  The  farm  unit  plats,  showing  tracts  to  be  watered  the  fol- 
lowing year.      (See  FARM  UNIT  PLATS). 

(b)  A  comprehensive  statement  showing  the  derivation  of  the 
figures  of  cost  and  the  resulting  charges  (1)   for  the  construction 
and  (2)  for  operation  and  maintenance. 

(c)  A  draft  of  proposed  public  notice. 

(d)  Statement  of  duty  of  water. 

10.  Publicity. — Upon   issuance   of   the   notice   a   number  of 
copies  are  printed  and  sent  to  the  field  for  distribution  to  persons 
interested.     Public  notices  and  orders  are  also  published  in  the 
"Decisions  of  the   Secretary  of  the   Interior   Relating  to   Public 
Lands." 

PUBLICATION. 

It  is  impracticable  on  account  of  the  expense  to  publish  full  de- 
scriptions of  the  features  of  the  work  completed  by  the  Service.  It 
is  desirable,  however,  that  there  should  be  prepared  suitable  descrip- 
tions, with  diagrams  and  pictures,  illustrating  the  important  and  in- 
teresting features  of  the  works  already  built,  and  to  have  these 
printed  in  high  grade  technical  magazines,  or  other  publications,  as. 
for  example,  in  the  proceedings  of  the  American  Society  6f  Civil 
Engineers.  A  list  of  such  articles  is  kept  in  the  Director's  office 
giving  alphabetically  by  states  and  projects  reference  to  such  de- 
scriptions. Persons  inquiring  about  such  matters  are  referred  to 
publications  in  which  such  descriptions  are  published- 

PURCHASES     AND     MISCELLANEOUS     ACCOUNTS 
UNPAID,  RECORD  OF. 

Form  7-716  should  be  used  for  keeping  accounts  with  parties 
from  whom  the  Service  purchases  material  and  supplies.  These  ac- 
counts should  be  credited  with  the  amount  of  all  invoices  received 


290  RECLAMATION     SERVICE     MANUAL. 

and  debited  with  all  payments,  one  page  or  card  being  devoted  to 
each  party  or  firm.  The  total  of  the  balances  shown  in  this  book 
should  equal  the  balance  of  the  unpaid  purchase  and  miscellaneous 
accounts.  On  smaller  projects  the  use  of  these  cards  is  not  re- 
quired, but  in  such  cases  the  invoice  register  (Form  7-718)  will  be 
a  sufficient  record  of  unpaid  invoices. 

PURCHASING. 

Chicago  office,  purchasing  through,  par.  6. 
Discounts  for  prompt  payment,  par.  5. 

Engineers  may  inspect  bids  and  direct  which  to  accept,  par.  8. 
Full  and  accurate  descriptions  desirable,  par.  7. 
Mercantile  store  purchases,  par.  11. 
Payment  should  be  made  promptly,  par.  9. 
Point  of  delivery,  par.  4. 

Purchase  of  particular  brand  or  patented  article,  par.  3. 
Purchase  order,  Form  7-711,  par.  13. 
Purchase  order,  acknowledgment  of,  par.  14. 
Purchase  order  book,  par.  15. 
Purchasing  agent's  card  record,  par.  16. 
Request  for  purchase,  Form  7-701,  par.  12. 
'  Responsibility  for,  par.  1. 
Samples,  par.  10. 

CROSS  REFERENCES — ADVERTISEMENTS  AND  BIDS — COMPETITION- 
CONTRACTS. 

1.  Responsibility  for. — The  project  manager  has  general  su- 
pervision over  the  purchase  of  supplies,  but  the  details  of  the  work 
may  be  assigned  to  some  other  person.     This  person  may  be  ex- 
clusively engaged  upon  this  work,  or  he  may  also  occupy  the  posi- 
tion of  chief  clerk,  bookkeeper,  stenographer,  or  he  may  be  the 
project  engineer  himself.     In  no  case,  however,  should  the  special 
fiscal  agent  act  as  purchasing  agent.     On  large  projects  the  pur- 
chasing agent  should  occasionally  take  trips  to  market  centers  in 
the  vicinity.     Such  trips  can  usually  be  taken  in  connection  with 
large  purchases,  and  will  afford  an  opportunity  to  meet  the  mer- 
chants and  to  learn  their  methods  and  facilities. 

2.  Methods  of  making  purchases. — There  are  two  recognized 


PURCHASING.  291 

methods  of  making  purchases,  the  first,  under  competition  by 
means  of  thorough  advertising,  in  which  case  purchases  are  to 
be  considered  as  made  under  contracts,  formal  or  informal.  A 
contract  is  formal  when  it  is  reduced  to  writing  and  signed  by  the 
contracting  parties;  an  informal  contract  is  what  is  usually  termed 
"a  purchase  upon  proposal  and  acceptance."  Formal  contracts  are 
used  where  delivery  is  not  to  be  made  immediately ;  where  payment 
is  to  be  made  in  instalments;  where  a  bond  is  required;  or  where 
deliveries  are  to  be  made  over  an  extended  period,  or  as  ordered, 
while  informal  contracts  are  ordinarily  used  where  the  order  is 
placed  as  soon  as  bids  are  received  and  delivery  is  to  be  made  imme- 
diately and  payment  made  on  a  single  voucher.  The  other  method 
of  purchase  is  known  as  an  open  market  order  and  is  resorted  to 
in  cases  of  exigency,  where  it  is  not  feasible  to  delay  a  sufficient  time 
to  secure  bids  or  where  the  purchase  is  excepted  from  the  require- 
ment of  advertising.  (See  ADVERTISEMENTS  AND  BIDS.)  When 
competitive  proposals  have  been  received  from  a  number  of  bidders, 
they  should  be  abstracted.  The  abstract  should  be  arranged  in 
columns,  placing  the  names  of  the  articles  and  quantities  in  the  left 
column  and  the  cost  at  prices  bid  in  columns  at  the  right,  one  col- 
umn being  used  for  each  bidder.  Each  of  these  columns  should  be 
totaled.  Wherever  possible  the  estimated  weight  of  the  proposed 
shipment  should  be  ascertained  and  the  freight  charges  estimated 
and  added  to  the  total  of  the  bid  price.  The  purchasing  agent  will 
thus  be  able  to  know  the  total  cost  of  the  goods  laid  down  at  the 
project.  With  this  information  before  him  he  will  use  his  judg- 
ment in  placing  the  order.  If  no  substantial  advantage  is  to  be 
secured  it  is  not  advisable  to  split  orders,  but  if  a  real  saving  can 
be  made  by  dividing  the  order  giving  a  part  to  one  merchant  and  a 
part  to  another,  this  should  be  done.  The  placing  of  the  order 
should  not  be  unduly  delayed  after  receipt  of  the  bid,  as  merchants 
bid  upon  current  prices  which  may  fluctuate  from  day  to  day.  If  a 
project  gains  the  reputation  of  long  delays  between  receipt  of  bids 
and  the  issue  of  orders,  the  merchants  will  make  allowance  in  their 
bids  for  possible  fluctuations  in  prices,  to  the  detriment  of  the 
project.  All  requests  for  proposals  should  bear  the  notation  that 
the  United  States  reserves  the  -right  to  reject  any  or  all  bids  re- 
ceived. If  after  the  receipt  of  bids  it  appears  that  they  are  too  high 
for  any  reason,  it  will  be  entirely  proper  to  reject  the  bids  and  re- 
advertise,  bidders  to  be  so  advised. 


292  RECLAMATION     SERVICE     MANUAL. 

3.  Purchase  of  particular  brand  or  patented  article. — When 
a  copyrighted    or  patented  article  is  purchased,  competition    be- 
ing actually  or  in  effect  dispensed  with  on  that  account  (see  AD- 
VERTISEMENTS AND  BIDS,,  PAR.  2),  the  voucher  or  the  contract  cov- 
ering the  purchase  should  be  accompanied  by  a  certificate  of  the  re- 
sponsible officer  to  the  effect  that  the  particular  copyrighted  or  pat- 
ented article  would  best  serve  the  purposes  of  the  Government,  and 
convincing  reasons  for  the  statement  must  be  given. 

4.  Point  of  delivery. — Purchases  should  usually  be  made  free 
on  board  cars  at  point  of  origin,  in  order  to  secure  the  advantage 
of  any  land  grants  or  contract  concessions,  which  the  railroads  may 
have  made  to  the  Government.     Some  goods,  however,  are  sold  at 
uniform  prices  at  all  points,  and  in  such  cases  they  should  be  pur- 
chased f.  o.  b.  cars  at  railroad  station  nearest  to  place  of  use.    Pur- 
chases should  if  practicable  be  made  in  large  quantities,  and  com- 
petition should  be  secured,  if  possible,  from  the  market  nearest  the 
producer  of  the  goods  to  be  purchased. 

5.  Discounts  for  prompt  payment. — All  requests   for    pro- 
posals should  solicit  discount  for  prompt  payment,  and  if  bids  con- 
tain an  offer  of  discount  for  such  prompt  payment  this  should  be 
considered  in  awarding  the  contract  or  placing  the  order,  and  every 
effort  should  be  made  to  make  payment  within  the  time  specified 
and  thereby  secure  advantage  of  the  discount  allowed.     The  dis- 
count should  be  computed  on  the  gross  amount  of  the  purchase. 
(See  DISCOUNT  FOR  CASH  PAYMENT.) 

6.  Chicago   office,  purchasing   through. — Articles    manufac- 
tured in  the  East  or  goods  produced  in  the  markets  contiguous 
to  Chicago  should  ordinarily  be  purchased  through  the  Transporta- 
tion Office  in  Chicago,  which  is  well  known  in  that  market  as  repre- 
senting the  Service  in  that  territory,  and  as  large  purchases  are  con- 
stantly being  made,  merchants  in  that  locality  will  usually  submit 
better  bids  upon  requests  originating  from  that  office  than  upon 
occasional  requests  coming  from  distant  points. 

7.  Full  and  accurate   descriptions   desirable. — All    requests 
made  upon  the  Chicago  office  for  purchases  should  be  stated  on 
Form  7-705  and  7-706.     Care  should  be  exercised  to  give  a  full  de- 
scription of  the  articles  to  be  purchased.     Specifications  should  be 
drawn  to  conform  as  nearly  as  possible  to  commercial  standards, 
practices  and  usages,  as  any  variation  means  additional  cost  and  de- 


PURCHASING.  293 

lay  in  shipment.  Advertisements  should,  when  possible,  state  the 
purpose  to  be  served  by  the  supplies  required.  This  often  enables 
the  bidder  to  quote  more  intelligently  and  they  sometimes  make  sug- 
gestions that  result  in  economy.  In  buying  dry  goods,  boots  and 
shoes,  hats  and  caps,  rubber  hose,  leather  and  rubber  belting,  and 
articles  of  an  analogous  nature,  specifications  should  always  show 
quality  desired,  as1  prices  on  these  articles  vary  so  much,  quality 
considered,  that  bidder  should  have  a  fair  opportunity  of  knowing 
exactly  what  is  wanted.  Rush  orders  are  expensive  and  should  be 
avoided  where  possible.  The  merchant  must  provide  in  his  bid  for 
paying  overtime  and  for  contingencies.  Bar  iron  should  be  or- 
dered in  stock  lengths,  to  save  extra  cost  for  cutting  and  wastage. 
It  can  be  easily  ascertained  what  are  "stock  lengths"  as  most  of  the 
large  mills  publish  a  sheet  showing  lengths  carried  in  stock.  This 
applies,  of  course,  only  to  shipments  that  are  urgently  needed,  for 
bar  iron  should  never  be  bought  out  of  stock  unless  there  is  some 
emergency  connected  with  the  purchase,  as  material  bought  out  of 
stock  is  much  more  expensive  than  what  is  known  as  "mill  ship- 
ment," usually  costing  about  20  cents  per  100  pounds  more.  Mill 
shipments  can  be  had  from  two  weeks  to  30  days  in  most  cases, 
rarely  any  longer.  When  mill  shipments  are  ordered  no  particular 
care  need  be  taken  as  to  length,  as  lengths  can  be  made  as  wanted 
without  any  extra  charge. 

8.  Engineers  may  inspect  bids  and  direct  which  to  accept. — 
It  is  sometimes  impossible  to  describe  exactly  what  is  wanted,  and 
the  project  manager  may  wish  to  exercise  some  discretion  and  does 
not  care  to  leave  the  decision  to  the  Transportation  Office.     In  such 
cases  the  project  manager  may  request  that  office  to  submit  bids  to 
him  before  placing  the  order.     He  can  then  consider  the  entire  mat- 
ter, using  his  judgment.     In  all  such  cases,  however,  the  Chicago 
office  should  be  requested  to  place  the  order.     The  object  of  this 
procedure  is  not  only  to  preserve  the  prestige  of  the  Chicago  office 
in  the  market  in  which  it  is  a  constant  inquirer  for  prices,  but  for 
the  convenience  of  the  merchants  who  prefer  to  carry  a  deal  to 
completion  with  a  single  office. 

9.  Payment  should  be  made  promptly. — Payment  for  all  pur- 
chases should  be  made  as  promptly  as  possible,  whether  discount 
has  been  offered  or  not,  as  this  improves  the  credit  of  the  Service 
with  merchants  and  will  secure  better  treatment  and  in  many  cases, 
better  prices  than  if  payment  is  delayed  unduly.     If  vouchers  rep- 


294  RECLAMATION     SERVICE     MANUAL. 

resenting  purchases  call  for  a  large  amount  and  the  special  fiscal 
agent's  balance  is  not  sufficient  to  cover,  or  if  it  is  inadvisable  to 
deplete  his  balance  by  its  immediate  payment  the  voucher  should  be 
forwarded  to  the  Director  for  payment  by  the  special  fiscal  agent 
located  in  Washington. 

10.  Samples. — In  inviting  proposals  for  a  large    purchase  of 
groceries,  mercantile  store  supplies,   etc.,  bidders  should    be    re- 
quested to  submit  samples.     These  samples  should  be  carefully  ex- 
amined before  placing  the  order,  and  the  samples  of  the  successful 
bidder  should  be  retained  to  compare  with  the  goods  furnished.     If 
samples  are  of  sufficient  value  to  make  it  a  hardship  upon  the  bid- 
der to  leave  them  with  the  Service,  they  may  be  included  in  the 
order  and  paid  for. 

11.  Mercantile  store  purchases. — Supplies  purchased  for  the 
mercantile  store  should  be  selected,  not  only  with  a  view  of  securing 

'the  best  prices,  but  with  a  view  to  securing  goods  which  will  be 
most  satisfactory  to  the  persons  to  be  served  by  the  store.  In  this 
case  it  may  sometimes  happen  that  the  more  expensive  goods  will 
be  purchased  rather  than  the  less  expensive  article.  These  articles 
are  purchased  for  sale  and  not  for  use  by  the  Government,  and 
therefore,  their  salability  should  be  considered  but  full  competition 
must  be  secured. 

12.  Request    for   purchase    (Form    7-701). — These     blanks 
should  be  numbered  consecutively  and  in  duplicate,  and  should  be 
issued  to  storehouse  clerks  and  other  clerks  in  charge  of  receiving 
departments,  after  filling  in  the  blank  spaces  provided  for  project 
name  with  a  rubber  stamp.     When  clerks  of  such  departments  re- 
ceive requisitions  which  they  are  unable  to  fill  on  account  of  de- 
pleted stock,  or  for  other  good  cause,  they  will  write  out  a  duplicate 
request  for  purchase  on  the  purchasing  agent,  using  carbon  sheets 
for  impression;  they  will  send  the  white   (original)   copy  to  that 
officer  and  keep  the  yellow  (duplicate)  copy,  on  a  spindle  until  copy 
of  the  purchase  order  is  received  from  the  purchasing  agent  cover- 
ing the  particular  request  for  purchase.     Until  the  copy  of  the  pur- 
chase order  is  received  by  the  storehouse  clerk,  he  will  use  his  file 
of  requests  for  purchase  as  memoranda  with  which  to  follow  up 
such  requests.     When  the  purchase  order  is  placed,  both  the  pur- 
chasing agent  and  the  storehouse  clerk  will  file  their  copies  of  their 
requests  for  purchase,  with  the  copies  of  the  purchase  order.    When- 
ever the  storehouse  clerks,  mercantile  store  clerks,  or  other  clerks 


QUANTITIES   OF  EXCAVATION,   ETC.,   TO   BE   CHECKED.         295 

in  charge  of  issuing  departments  find  their  stocks  are  getting  short 
and  new  supplies  needed,  they  should  present  a  request  for  pur- 
chase (Form  7-701)  to  the  purchasing  agent  for  the  required  sup- 
plies. 

13.  Purchase    order    (Form    7-711). — The    purchase    order 
should  be  made  out  in  triplicate,  one  copy  being  for  the  merchant, 
one  for  the  storehouse  clerk,  and  the  other  for  the  project  office.     If 
a  forwarding  agent  is  employed  on  the  project,  a  fourth  copy  should 
be  sent  to  him.     All  parties  concerned  in  the  transaction  are  thus 
enabled  to  keep  a  lookout  for  the  shipment,  and  hurry  it  through 
to  destination.     The  several  copies  of  the  order  are  then  placed  in 
an  unfilled  order  file,  and  when  the  goods  have  been  received  it  may 
be  removed  and  filed  in  the  usual  manner. 

14.  Purchase  order,  acknowledgment  of. — Form  7-717  is  to 
accompany  important  purchase  orders  so  that  the  project  office  may 
have  an  acknowledgment  of  their  receipt  by  the  merchant. 

15.  Purchase    order    book. — The    purchasing    agent    should 
keep  a  purchase  order  book.     Any  form  of  blotter  will  do  for  this 
purpose.     In  this  book  should  be  listed  all  purchase  orders  con- 
secutively by  number,  giving  the  amount  of  the  order,  name  of  mer- 
chant from  whom  ordered,  for  whom  ordered  ( features,  etc. ) ,  and 
any  other  necessary  notes. 

16.  Purchasing  agent's  card  record. — Every  project  purchas- 
ing agent  should  keep  a  price  book  or  card  record,  showing    the 
prices  of  all  articles  purchased,  and  endeavor  to  keep  it  up  to  date. 
This  information  is  of  great  value  to  the  purchasing  agent  in  con- 
sidering bids  received  and  in  making  estimates  of  the  cost  of  a  cer- 
tain article  or  group  of  articles.     In  placing  orders,  care  should  be 
exercised  in  giving  shipping  directions  and  instructions  for  mark- 
ing packages,  boxes,  etc.,  giving  order  number,  etc. 

QUANTITIES  OF  EXCAVATION,  CONSTRUCTION, 
ETC.,  TO  BE  CHECKED. 

Quantities  of  excavation,  construction,  etc.,  in  claims  or  vouchers 
must  always  be  checked  by  at  least  two  persons,  and  should  be  com- 
pared with  the  original  estimates,  which  have  been  made  inde- 
pendently. The  officer  certifying  to  the  claim  or  voucher  for  pay- 
ment should  have  before  him  in  parallel  columns  the  original  figures 


296  RECLAMATION     SERVICE     MANUAL. 

made  before  the  work  was  begun  and  the  final  measurements  so 
that  in  case  of  discrepancy  he  may  look  into  the  matter  and  make 
proper  explanation. 

QUARTERLY  ESTIMATES. 

Distribution  of  estimates,  par.  5. 
Liabilities,  estimated,  par.  6. 
Preparation  of  material,  par.  4. 
Proposed  expenditures,  par.  2. 
Supplementary  estimates,  par.  3. 
Transmitted,  par.  1.    :. :. 

1.  Transmittal. — Quarterly  estimates  should  be  transmitted 
in  time  to  reach  the  Director  not  later  than  the  last  day  of  Feb- 
ruary, May,  August  and  November.     This  will  necessitate  mailing 
them  from  the  project  office  to  the  supervising  engineer  on  the  fif- 
teenth of  those  months,  and  from  his  office  they  should  be  mailed 
to  the  Director  not  later  than  the  25th. 

2.  Proposed  expenditures. — The  approved  quarterly  estimate 
is  an  authority  for  the  expenditure  of  money.     The  time  of  expen- 
diture is  limited  to  the  quarter  covered,  and  the  amount  which  may 
be  expended  on  any  project  is  limited  to  the  amount  mentioned  in 
the  estimate  for  that  project.     The  quarterly  estimate  is  not  in- 
tended to  authorize  the  taking  up  of  new  features  of  work  not  other- 
wise approved  unless  the   features  are  specifically  and   fully  de- 
scribed and  are  of  such  a  nature  that  they  do  not  require  plans  and 
specifications  to  be  submitted  to  a  board  of  engineers  or  to  the  Di- 
rector.    In  case  of  services  covered  by  contract  the  approval  of  the 
contract  is  necessary  in  addition  to  the  authority  contained  in  the 
quarterly  estimate  before  work  can  be  commenced  or  payment  made. 

>  In  the  case  of  work  done  by  Government  forces  specific  authority 
must  be  obtained  for  executing  any  considerable  amount  of  work 
in  this  manner  in  addition  to  the  authority  for  the  payment  therefor 
as  contained  in  the  quarterly  estimate.  For  example,  Item  No.  2 
of  the  quarterly  estimate  authorizes  payment  for  labor  engaged 
upon  Government  work  but  does  not  authorize  that  method  of  doing 
the  work  except  in  the  smaller  routine  matters  connected  with  re- 
pairs, etc.  Whenever  the  quarterly  estimate  provides  for  the  doing 
of  work  by  Government  forces  the  statement  should  be  followed 
immediately  by  a  reference  to  the  authority  and  the  date  thereof 


QUARTERLY   ESTIMATES.  297 

for  doing  the  work  in  this  manner,  or  if  such  authority  has  not 
been  granted,  statement  should  be  made  that  authority  for  doing 
the  work  by  Government  forces  has  been  or  will  be  requested. 

3.  Supplementary  estimates. — Whenever  it  becomes  appar- 
ent that  the  amount  stated  in  the  quarterly  estimates  is  insufficient 
to  carry  on  the  work,  or  that  payment  will  be  required  for  items 
not  covered  by  the  estimate,  supplementary  estimate  should  be  pre- 
pared for  the  approval  of  the  Department. 

4.  Preparation  of  material. — The  financial  part  of  the  quar- 
terly statements  and  estimates  should  be  submitted  on  Form  7-887, 
and  this  should  be  accompanied  by  a  concise  statement  of  the  work 
proposed  to  be  done  during  the  quarter. 

5.  Distribution  of  estimates. — The  larger  items  of   the  pro- 
posed expenditures  should  be  distributed,  and  though  no  set  rule 
for  determining  the  details  of  distribution  can  be  given,  the  follow- 
ing general  principles  should  be  observed:  (a)  Distribute  the  esti- 
mates for  items  1  and  2  by  principal  physical  features ;  do  not  in- 
clude in  these  items  any  part  of  the  apportioned  expense  of  general 
offices,      (b)  Distribute  the  estimates  for  items  3,  4  and  5  by  kind 
of  service,  supplies,  material  or  equipment,  and  note  separately  the 
physical  features  to  which  any  large  purchases  are  to  be  applied, 
(c)   Distribute  the  estimate  for  item  6  by  kind  of  property,  and 
note  separately  large  individual  purchases,      (d)  Distribute  the  es- 
timate for  item  7  to  transportation  and  apportioned  expense  of 
general  offices,  and  note  separately  large  items  of  expense  for  trans- 
portation, together  with  the  physical  features  to  which  they  chiefly 
pertain,      (e)  List  separately  each  numbered  contract,  showing  the 
number  of  contract,  name  of  contractor,  short  title  of  contract,  and 
physical  feature  to  which  the  contract  chiefly  pertains,      (f)   In- 
formal contracts  for  small  items  of  work  may  be  grouped  as  seems 
desirable,      (g)  List  proposed  contracts  by  kind  of  work  or  ma- 
terial, grouping  them  as  seems  desirable. 

6.  Liabilities,  estimated. — The  estimates  should  also    show 
the  amount  of  liabilities  that  it  is  estimated  will  be  chargeable  to 
the  allotment  at  the  end  of  the  quarter,  which  estimate  is  submitted 
after  payments  have  been  made  for  items  included  in  the  estimate 
for   expenditures.     These   liabilities   are   to   be   determined   after 
making  allowance  for  the  liabilities  that  will  be  extinguished  by  the 
payments  to  be  made  during  the  quarter,  and  should  cover  contin-  > 
gent  liabilities  on  contracts. 


298  RECLAMATION     SERVICE     MANUAL. 

RECORDING  FEES. 

The  payment  of  recording  fees  by  the  United  States  for  record- 
ing papers  deemed  advisable  to  be  placed  upon  the  county  records  is 
held  by  the  Comptroller  to  be  a  payment  in  purchase  of  a  privilege, 
and  not  a  payment  under  a  contract  for  the  performance  of  a  serv- 
ice. Therefore,  payment  of  such  fees  by  the  local  special  fiscal 
agent  at  the  time  of  the  filing  of  the  instruments  for  record  is  held 
not  to  be  in  conflict  with  Section  3648  of  the  Revised  Statutes,  and 
may  be  made  by  him.  (Comptroller's  decision  of  Sept.  13,  1909, 
citing  15th  Comp.  Dec.  46;  10  id.  110.)  Where,  however,  a  con- 
tract provides  for  the  payment  of  such  fees  by  the  contractor,  such 
expenditures  will  not  be  allowed  by  the  Auditor.  (See  FEES  FOR 
OATHS.) 

RENTAL  OF  COTTAGES,  ROOMS,  ETC.,  TO 
EMPLOYEES. 

Employees  occupying  separate  houses  constructed  by  the  Service 
should  in  all  cases  pay  a  monthly  rental.  This  should  be  collected 
by  deductions  from  payroll  earnings.  Persons  occupying  rooms  in 
quarter  houses  and  dormitories  may  or  may  not  be  charged  for  the 
use  of  the  rooms,  dependent  upon  the  character  of  the  building  and 
the  usual  practice  in  the  neighborhood.  When  rentals  are  charged 
they  should  be  fixed  at  a  figure  representing  approximately  one  per 
cent  per  month  of  the  cost  of  the  building.  The  exact  charge,  how- 
ever, should  be  an  even  figure,  as  $2.50,  $5.00,  $7.50,  $8.00,  $10.00, 
etc.  When  a  new  camp  is  to  be  established  a  schedule  of  the  rates 
proposed  to  be  charged  should  be  forwarded  to  the  Director  for  ap- 
proval. This  schedule  should  give  the  cost  of  the  buildings,  the 
number  of  rooms  and  the  amount  to  be  charged.  When  these  rates 
have  been  approved  they  should  be  posted  at  some  point  where  they 
can  be  observed  by  all  employees.  Applications  to  rent  buildings 
should  be  signed  by  employees  occupying  Government  buildings 
only  one  copy  being  taken;  this  to  be  filed  in  the  project  office. 
Where  it  is  customary  for  contractors,  railroads  or  other  concerns 
operating  on  a  large  scale  in  the  neighborhood  to  furnish  temporary 
bunk  houses  for  employees  without  rental  charge  it  may  be  advis- 
able to  conform  the  practice  of  the  Service  to  the  custom.  In  such 
cases  authority  should  be  secured  from  the  Director. 


REPAYMENTS,    SECURITY    FOR.  290 

REPAYMENTS,  SECURITY  FOR. 

Assessments  sustained  by  Supreme  Court  of  Oregon,  par.  5. 

Plan  must  be  submitted  to  the  Department,  par.  3. 

Trust  deed,  par.  2. 

Two  methods  of  handling  private  lands,  par.  1. 

Water  users'  associations,  par.  4. 

1.  Two  methods  of  handling  private  lands. — Where  consid- 
erable areas  of  private  lands  are  embraced  under  a  projected  irriga- 
tion system  and  the  owners  desire  Government  construction,  the 
settlers  have  heretofore  been  required  before  work  was  commenced 
to  organize  a  water  users'  association  and  incorporate  for  the  pur- 
pose of  insuring  the  return  of  the  Government  expenditures  and  to 
provide  for  co-operation  with  the  Government  in  other  directions. 

2.  Trust  deed. — On  March  31,  1912,  the  Department  author- 
ized a  departure  from  this  plan  for  the  fifth  unit  of  the  Umatilla 
Project,  Oregon.     The  new  procedure  dispenses  with  the  necessity 
of  organizing  and  incorporating  a  water  users'  association  for  the 
purpose  of  insuring  the  return  to  the  Government  of  the  expendi- 
tures made  on  the  project  and  accomplishes  this  by  a  trusteeship 
of  the  lands  under  the  project.     Under  this  plan  the  land  owners 
convey  their  land  to  one  or  more  trustees  selected  by  them  and  ap- 
proved by  the  Secretary  of  the  Interior.     The  conveyance  to  the 
trustee  is  with  power  to  sell  the  lands  conveyed  unless  water  right 
applications  are  made  by  qualified  owners  of  the  lands  conveyed  and 
insures  the  sale  of  excess  lands  held  in  tracts  exceeding  the  limit 
fixed  for  private  holdings.    The  landowners  pay  the  trustee  for  its 
services.    The  contract  between  them  therefor  is  to  contain  nothing 
inimical  to  the  right  of  the  United  States  to  enforce  the  provisions 
of  the  trust  deed  and  draft  should  be  submitted  for  approval  in 
this  regard.    The  trustee  to  be  selected  should  be  some  reliable  cor- 
porate trustee-company,  and  the  trust  deed  gives  the  Secretary  of 
the  Interior  power  to  remove  the  trustee  and  appoint  a  successor  in 
case  of  the  failure  of  the  original  trustee  to  observe  the  terms  of 
the  trust.    Text  of  the  Umatilla  trust  deed  can  be  had  on  application 
to  the  Washington  office. 

3.  Plan  must  be  submitted  to  the  Department. — Specific  au- 
thority must  be  obtained  from  the  Department  in  each  case  for  the 
utilization  of  the  form  of  trust  deed,  and  recommendations  for  such 


300  RECLAMATION     SERVICE     MANUAL,. 

use  should  be  made  in  ample  time  for  careful  consideration  and  in 
order  that,  if  necessary,  changes  may  be  made. 

4.  Water  users'  associations. — Before  organization  of  a  water 
users'  association,  inquiry  should  be  made  whether  such  plan  of 
organization  will  be  satisfactory  to  the  Department.  The  follow- 
ing paragraphs  contain  the  principal  rules  which  govern  the  organi- 
zation of  the  water  users'  associations  now  in  existence : 

(1)  Stock  subscription. — Each  stock  subscription  must 
be  for  one  share  for  each  acre  of  irrigable  land  or  fraction 
thereof,  except  where  fractional  shares    are    issued.     The 
subscriber  agrees  that  the  amounts  levied  by  the  Secretary 
of  the  Interior  under  the  provisions  of  the  Reclamation  Act 
shall  be  a  lien  upon  the  land  en  forcible  in  the  same  manner 
as  in  the  foreclosure  of  mortgages.     The  subscriptions  are 
acknowledged  in  the  form  required  by  local  law  for  the  ac- 
knowledgment of  mortgages  and  they  are  duly  recorded  in 
the  proper  county  offices. 

(2)  Payment  for  water-right. — These   subscriptions  are 
contracts  to  the  effect  that  the  subscriber  will  promptly  make 
water-right  application  to  the  proper  officer  of  the  United 
States  as  soon  as  announcement  shall  be  made  that  water  is 
ready  for  delivery  to  the  land,  and  also  that  the  subscriber 
or  his  transferee  will  pay  for  such  water-right  the  charges 
levied  by  the  Secretary  of  the  Interior.     When  all  payments 
required  for  such  water-right  have  been  made  and    when 
proper  evidence  of  the  perfection  of  the  water-right  has  been 
issued,  the  shares  are  held  to  have  been  fully  paid  for. 

(3)  Contract  between  association  and  United  States. — By 
contract  between  the  association  and  the  Secretary  of  the 
Interior,  the    association    guarantees    the    payment   to    the 
United  States  of  the  cost  of  building   and    operation   and 
maintenance  of  the  irrigation  works  as  apportioned  by  the 
Secretary  of  the  Interior  against  the  lands  of    its    share- 
holders, and  agrees  to  adopt  and  enforce  appropriate  by- 
laws, subject  to  the  approval  of  the  Secretary  of  the  Inter- 
ior, for  the  collection  of  such  costs.     If  appropriate  by-laws 
or  rules  and  regulations  have  not  been  adopted  by  the  water 
users'  association  before  the  issuance  of  public  notice,  the 
Secretary  requests  the  association  to  adopt  suitable  rules  and 
regulations  for  the  collection  of  assessments  and  also  to  take 
appropriate  action  to  make  the  proper  assessments  and  pro- 
ceed with  the  collection  thereof  when  the  stockholders  be- 
come delinquent. 

(4)  Collections  from  delinquent  water  users. — At    the 
proper  time  the  association  levies  a  call  and  assessment  upon 


REPAYMENTS,    SECURITY   FOR.  301 

the  shares  of  stock,  and  in  due  course  proceeds  against  de- 
linquents as  provided  by  the  terms  of  the  stock  subscription 
and  the  rules  and  regulations  in  force,  enforcing  collection 
by  sale  of  the  lands  to  which  the  stock  is  appurtenant,  or  so 
much  thereof  as  may  be  necessary,  and  turning  the  money 
over  to  the  land  office.  The  assessments  to  defray  the  cur- 
rent expenses  of  the  association  are  levied  and  payment  en- 
forced in  a  similar  manner. 

(5)  Excess  lands. — Where  private  land  is  held  in  tracts 
larger  than  the  maximum  limit  fixed  by  law  or  regulation, 
for  which  a  water-right  can  be  acquired,  or  where  the  owner 
is  not  qualified  to  perfect  a  water-right  under  the  provisions 
of  the  Reclamation  Act,  the  owner,  in  order  to  secure  the 
irrigation  of  such  land,  must  subscribe  for  one  share  of  the 
stock  for  each  acre  of  land  thus  owned  and  at  the  same  time 
execute  a  deed  conveying  the  excess  land  in  the  former  case, 
or  the  entire  tract  in  the  latter  case,  to  the  water  users'  asso- 
ciation, in  trust,  or  other  trustee,  with  power  to  sell  the  same 
upon  the  direction  of  the  Secretary  of  the  Interior  at  public 
auction  at  or  subsequent  to  the  time  when  the  Secretary  of 
the  Interior  announces  that  water  is  ready  for  delivery  for 
the  lands,  unless  prior  to  that  time  water-right  applications 
shall  have  been  filed  for  the  said  land  and  accepted  on  behalf 
of  the  United  States.     In  case  the  owner  fails  to  dispose  of 
the  excess  lands,  the  Secretary  of  the  Interior  will  instruct 
the  water  users'  association  to  advertise  and  sell  the  lands 
at  public  auction  to  persons  qualified  to  perfect-water-rights 
under  the  Reclamation  Act.      (See  EXCESS  LANDS.) 

(6)  Agreements  for  sale  of  excess  lands. — -The  United 
States  is  not  to  be  a  party  to  contracts  between  water  users' 
associations  and  the  owners  of  lands  lying  within  the  irri- 
gable area  of  a  project.     Its  only  interest  in  the  agreements 
or  in  the  benefits  derived  therefrom  is  in  the  subdivision  of 
large  holdings  into  tracts  not  exceeding  160  acres,  in  the 
transfer  of  the  excess  lands  .of  residents  and  lands  of  non- 
residents to  individuals  who  will  reside  thereon  and  bring 
them  within  the  provisions  of  the  Reclamation  Act,  in  the 
mutual  agreement  to  be  secured  thereby  between  water  users 
throughout  the  irrigable  area  upon  the  use  and  distribution 
of  the  water  and  in  the  subordination  of  whatever  rights 
they  may  have  theretofore  acquired  to  the  provisions  and 
conditions   of   the    Reclamation    Act.     Agreements    drawn 
upon  such  lines  providing  a  method  of  sale  for  excess  lands 
conforming  to  the  local  law  governing  judicial  sales  will  be 
satisfactory  to  the  Department.     (August  30,  1904,  33  L. 
D.,  202.) 


302  RECLAMATION     SERVICE     MANUAL. 

(7)  Excess  lands  conveyed  to  members  of  owner's  family. 
— Where  individuals  own  land  in  excess  of  160  acres  each 
the  excess  may  be  conveyed  to  members  of  the  owner's  fam- 
ily, provided  the  transfer  is  bona  fide  and  the  requirements 
of  the  Reclamation  Act  as  to  residence  are  complied  with. 
(May  21,  1904,  32  L.  D.,  647.) 

(8)  Certificate  of  membership  in  Association. — On  pro- 
jects where  water  users'  associations  have  been  organized, 
no  water-right  application  is  accepted  unless  the  certificate 
thereon  has  been  executed  by  the  secretary  of  the  association 
as  follows : 

I  hereby  certify  that  the  applicant  for  this  water-right  has 
duly  subscribed  (or  is  the  successor  in  interest  of  one  who 
has  subscribed)  for  the  stock  of  this  association  for  the 
lands  described  herein,  and  that  all  assessments  levied 
against  said  stock  by  said  association  have  been  fully  paid 
up  to  date. 

(9)  Issuance  of  fractional  shares  of  stock. — There  is  no 
objection  to  the  issuance  of  fractional  shares  of  stock,  if 
found  expedient  and  desirable  for  the  particular  association 
having  the  matter  under  consideration.     In  case  it  is  con- 
sidered that  the  issuance  of  fractional  shares  is  desirable, 
decimals  should  be  used  and  the  fractions  should  not  be  ex- 
tended beyond  hundredths  if  it  can  be  avoided.     Appro- 
priate action  must  be  had  by  the  association  providing  for 
the  issuance  of  fractional  shares  or  the  recognition  by  the 
association  in  some  manner  of  the  existence  and  validity  of 
such  fractional  shares. 

(10)  Release  of  stock  subscription. — Where,   from  any 
cause,  the  subscription  to  the  stock  of  a  water  users'  asso- 
ciation exceeds  the  irrigable  area  of  the  land  to  which  the 
stock  subscribed  for  is  appurtenant  or  the  lands  have  been 
eliminated  from  the  project,  application  can  be  made  to  the 
association  for  the  release  of  the  excess  area  or  the  elim- 
inated lands  from  the  stock  subscription.     When  the  release 
by  the  association  is  executed  it  should  be  sent  through  the 
supervising  engineer  to  the  director  accompanied  by  report 
of  the  project  office  on  the  facts,  with  recommendation  by 
the  supervising  engineer.     If,  in  the  opinion  of  the  director, 
a  proper  case  is  made  out,  the  appropriate  one  of  the  fol- 
lowing indorsements  will  be  made  upon  the  release  by  the 
Director,  pursuant  to  authority  given  in  Departmental  let- 
ters of  March  11,  and  September  16,  1912 : 

By  authority  of  the  Secretary  of  the  Interior  assent  is 
hereby  given  to  the  release  of  the  above  described  land 
from  the  stock  subscription  to  the 


REPAYMENTS,    SECURITY    FOR.  303 


Water  Users'  Association,  dated 
191.. 


Director. 
or 

By  authority  of  the  Secretary  of  the  Interior  assent  is 
hereby  given  to  the  above  reduction  of  the  stock  sub- 
scription to  the 

Water  Users'  Association  for  the  lands  above  'described. 
Dated ,  19 .  . 

Director. 

(11)  Release  of  trust  deed  contract. — By  the  terms  of 
the  excess  land  trust  deed  contract,  the  power  thereby  con- 
ferred is  ipso  facto  terminated  as  to  the  lands  or  parts  there- 
of as  (a)  have  been  conveyed  to  a  qualified  person  who  has 
filed  a  water-right  application  for  the  lands,  which  applica- 
tion has  been  duly  accepted  and  filed  for  record,  or  as  (b) 
have  been  eliminated  from  the  project.  The  issuance  of  a 
release  or  reconveyance  of  such  lands  is  a  matter  between 
the  association  and  the  applicant  therefor.  The  association 
in  executing  such  release  or  conveyance  should  satisfy  itself 
beyond  doubt  that  the  conditions  of  the  trust  deed  contract 
have  been  fulfilled  and  should  require  a  showing  by  the 
applicant  (a)  that  the  applicant  as  to  the  area  to  be  released 
is  the  owner  in  fee  or  has  such  an  interest  as  may  become 
a  fee  by  the  time  final  payment  for  water  right  is  due,  and 
(b)  that  the  applicant  has  made  water-right  application  for 
the  lands  sought  to  be  released ;  that  his  application  has 
been  accepted  by  the  Government  and  filed  for  record  in  the 
county  records,  or  that  the  lands  have  been  eliminated  from 
the  project.  The  showing  made  to  the  association  should 
be  sent  to  the  project  engineer  or  manager  who  will,  upon 
the  statement  by  the  association  as  to  the  title,  approve  the 
execution  of  the  release  or  reconveyance  by  the. association 
if  the  records  of  his  office  show  (a)  the  filing  and  acceptance 
and  recording  of  a  water-right  application  for  the  land  to  be 
released,  or  (b)  that  the  lands  have  been  eliminated  from 
the  project  and  released  from  stock  subscription  as  above. 
The  form  of  this  approval  should  be  substantially  as  follows  : 
"By  authority  of  the  Secretary  of  the  Interior  the 

execution  of  a  release  of  the  above-described  lands  from 

the  trust  deed  contract  is  hereby  approved  this  —    —  day 

of ,  19—. 


Project  Engineer  or  Project  Manager. 


304  RECLAMATION     SERVICE     MANUAL. 

Authority  to  approve  execution  of  releases  as  above  is 
given  all  project  engineers  or  project  managers  by  the  di- 
rector pursuant  to  authority  conferred  by  Departmental 
letter  of  September  16,  1912,  and  covers  all  cases  where 
lands  covered  by  trust  deed  contract  to  a  water  users'  asso- 
ciation (1)  remain  in  a  project  and  have  been  placed  in  the 
ownership  of  a  qualified  person  who  has  filed  a  water-right 
application  for  the  lands  which  has  been  duly  accepted  and 
filed  for  record,  or  (b)  where  such  lands  have  been  elim- 
inated from  the  project  and  released  from  the  stock  sub- 
scription to  the  association  as  provided  in  subdivision  10. 

5.  Assessments  sustained  by  Supreme  Court  of  Oregon. — 

The  policy  of  such  associations  was  touched  upon  in  the  decision 
of  the  Supreme  Court  of  Oregon,  May  21,  1910,  in  the  case  of  the 
Umatilla  Water  Users'  Association  v.  Irvin  et  al.  (108  Pac.,  1016). 
This  case  involved  a  controversy  between  two  boards  of  directors, 
both  assuming  to  act  as  the  legal  board,  the  question  turning  on  the 
legality  of  votes  of  the  owners  of  shares  of  stock  upon  which  assess- 
ments duly  levied  had  not  been  paid.  While  the  scheme  of  water 
users'  association  was  not  in  issue  the  court  passed  on  the  propriety 
of  the  association  levying  assessments  against  the  lands  of  stock- 
holders prior  to  the  time  when  the  government  assessment  matured, 
and  the  assessment  spread  on  the  records  under  provisions  of  the 
by-laws  was  held  to  be  valid  in  the  absence  of  an  affirmative  show- 
ing to  the  contrary. 

REPORTS  TO  DIRECTOR. 

Annual  operation  and  maintenance  report,  par.  8. 

Annual  project  report,  par.  7. 

Annual  report  of  the  Service,  par.  6. 

Monthly  abstract,  par.  1. 

Monthly  health  report,  par.  4. 

Monthly  narrative,  par.  2. 

Monthly  operation  and  maintenance  report,  par.  3. 

Project  histories,  par.  12. 

Quarterly  statement  and  estimate,  par.  5. 

Report  of  cost  of  pumping  water,  par.  10. 

Special  reports,  par.  11. 

Summary  of  results  and  equipment,  par.  9. 


REPORTS  TO  DIRECTOR.  305 

(See  also  EXAMINERS,  INSTRUCTIONS  REGARDING  DUTIES  OF). 

1.  Monthly  abstract. — This  is  a  brief  statement,  preferably  of 
about  100  to  200  words,  for  publication  in  the  "Reclamation  Rec- 
ord," giving  in  concise  form  the  progress  in  construction  work ;  la- 
bor and  weather  conditions ;  items  of  interest  relating  to  operation 
and  maintenance  of  canals  and  structures;  water  supply  and  distri- 
bution ;  agricultural  and  crop  conditions ;  settlement,  etc.    The  pro- 
portional amount  of  work  completed  on  the  entire  project  and  on 
each  unit  or  large  feature,  such  as  a  storage  reservoir,  must  be  given 
in  percentage  form  each  month.    The  nature  and  extent  of  the  work 
done  during  the  month  should  be  clearly  indicated  in  sufficient  detail 
to  be  entirely  intelligible  to  persons  not  familiar  with  local  condi- 
tions, and  when  commencement  of  work  on  any  feature  has  once 
been  reported,  later  reports  should  state  the  progress  thereon  until 
completion  or  suspension.    These  reports  should  be  forwarded  in 
duplicate,  signed  by  the  project  manager,  in  time  to  reach  the  Di- 
rector's office  by  the  end  of  the  month.    Accompanying  the  monthly 
abstract  for  the  January  and  July  issues  of  the  "Record"  there 
should  be  a  list  giving  the  names,  official  titles,  and  addresses  of  all 
employees  in  the  Reclamation  Service  holding  Secretary's  appoint- 
ments and  also  of  those  in  responsible  registered  positions,  such,  for 
example,  as  irrigation  superintendents,  superintendents  of  construc- 
tion, etc. 

2.  Monthly  narrative. — This  is  the  official  statement  showing 
month  by  month  the  progress  made  in  important  lines  on  each  pro- 
ject.    It  should  be  brief,  seldom  exceeding  three  or   four  type- 
written pages  and  should  present  in  systematic  form  under  suitable 
headings  general  progress  on  all  work,  labor  and  weather  condi- 
tions, progress  on  construction  by  features  or  other  logical  arrange- 
ment, surveys  and  other  field  operations,  matters  relating  to  opera- 
tion and  maintenance  of  completed  works,  seepage  and  drainage 
conditions,  water  supply,  settlement,  agricultural  conditions,  execu- 
tive organization,  and  other  important  matters.     Photographs  and 
miniature  drawings,   illustrating  progress  in  construction  of  im- 
portant features  and  letter  size  diagrams  or  maps  with  shaded  areas 
or  underscored  words  showing  location  of  current  work  are  de- 
sirable.    This  report,  in  duplicate,  should  be  forwarded  promptly 
at  the  close  of  the  month  to  the  Director,  with  copy  to  the  super- 
vising engineer. 


306  RECLAMATION     SERVICE     MANUAL. 

3.  Monthly  operation  and  maintenance  report. — This  is  a  re- 
port from  the  manager  of  operation  and  maintenance  on  those 
projects  or  units  where  construction  is  practically  completed  and 
refers  solely  to  agricultural  progress  and  matters  relating  to  opera- 
tion.   It  should  be  prepared  in  a  manner  similar  to  the  monthly  nar- 
rative and  should  be  forwarded  at  the  same  time. 

4.  Monthly  health  report. — This  report  (Form  7-297),  should 
be  prepared  by  the  project  manager  in  triplicate  at  the  close  of 
each  month,  the  original  being  sent  to  the  Director  and  a  copy 
to  the  Supervising  Engineer.     Instructions  as  to  the  use   of 
this  form  are  printed  on  the  back  thereof. 

5.  Quarterly  statement  and  estimate. — This  is  a  purely  fiscal 
document  prepared  for  authorizing  certain  expenditures  within  a 
period  of  three  months,  on  work  for  which  general  authority  has 
been  previously  secured.     This  serves  as  a  book  of  reference  for 
the  auditor  and  others  handling  fiscal  affairs.      (See  QUARTERLY 

,  ESTIMATES.  ) 

6.  Annual  report  of  the  Service. — Material  for  this  report  is 
prepared  in  the  field  by  projects  shortly  after  the  end  of  each  fiscal 
year  and  compiled  in  the  Washington  office  for  presentation  to  the 
Secretary,  who  in  turn  presents  it  to  Congress  in  printed  form  dur- 
ing November.     The  character  of  the  report  is  governed  by  Sec- 
tion 2  of  the  Reclamation  Act.     It  is  formal  and  impersonal    in 
character.     In  preparing  the  statistical  data  and  descriptive  matter 
for  each  project  the  arrangement  and  general  character  of  the  pre- 
ceding report  should  be  followed,  subject,  however,  to  such  special 
instructions  as  may  be  issued  by  the  Director  each  year  regarding 
rearrangement  or  new  features.     On  the  completion  of  any  large 
feature  of  a  project  it  may  be  desirable  to  give  a  more  extended 
description  thereof,  repeating  some  or  all  of  the  descriptions  pre- 
viously given  relating  to  that  matter,  in  order  that  information 
relating  to  final  conditions  and  engineering  plans  may  be  brought 
together. 

7.  Annual  project  report. — This  is  a  report  to  be  kept  in  man- 
uscript, prepared  after  the  printed  report  for  the  year  and  supple- 
menting it  by  giving  the  personal  relations  and  related  facts  for 
ready  reference  to  the  records  and  official  diaries  on  the  project, 
and  other  information.     It  is  in  effect  the  rounding    out  of    the 
printed  report  by  including  all  of  these  matters  which  may  not  be 


REPORTS  TO  DIRECTOR.  307 

printed  but  which  should  be  brought  together  in  concise  form  for 
future  reference,  especially  in  connection  with  litigation  or  for  ob- 
taining a  full  knowledge  of  details  of  importance  in  the  internal  re- 
lations of  the  Service.  It  is  intended  that  these  reports  shall  fur- 
nish the  material  from  which  the  project  histories  will  be  ultimately 
compiled.  As  soon  as  possible  after  the  end  of  the  active  field 
season,  the  project  manager  should  call  upon  each  of  his  principal 
assistants  to  write  a  brief  resume  of  the  work  with  which  he  has 
been  connected  during  the  calendar  year.  They  should  describe 
the  kind  of  work  performed  by  each  man,  giving  his  name  and 
stating  as  nearly  as  possible  not  only  the  work  performed,  but  the 
relation  to  this  work  of  each  of  the  assistants.  There  should  be 
the  fullest  practicable  mention  of  individuals  in  connection  with 
the  various  operations  and,  as  far  as  possible,  each  individual  should 
write  up  his  share  of  the  work.  The  separate  statements  should  be 
combined  by  the  project  manager  with  his  own  introductory  or 
general  statement  and  comments.  Several  copies  of  the  whole 
statement  should  then  be  made  and  at  least  one  sent  to  the  Wash- 
ington office,  another  to  the  supervising  engineer's  office  and  a  third 
kept  in  the  project  office. 

8.  Annual  operation  and  maintenance  report. — This  is  the 
annual  report  of  each  completed  project,  or  each  unit  which  has  been 
brought  to  a  degree  of  completion  where  the  farmers  are  raising 
crops.  It  is  devoted  exclusively  to  the  agricultural  side  of  the 
work  and  relates  to  results  obtained,  methods  of  management  and 
all  other  items  which  are  of  interest  from  the  economic  and  indus- 
trial side.  This  report  is  made  for  calendar  instead  of  fiscal  years 
as  on  nearly  all  of  the  projects  this  plan  enables  a  full  season's  work 
to  be  incorporated  in  one  report.  It  should  be  prepared  primarily 
by  men  in  direct  charge  of  the  operation  and  maintenance  of  the 
project  and  should  embody  their  ideas,  and  be  transmitted  through 
the  project  and  supervising  engineers  for  such  comments  as  they 
may  desire  to  make.  The  report  should  include,  (1)  a  statistical 
summary  of  cost  and  progress  giving  number  of  acres  and  farms 
irrigated  under  both  water-right  and  rental  contracts ;  number  of 
farms  for  which  water-right  applications  have  been  made ;  number 
of  acres  for  which  the  Service  was  prepared  to  supply  water ;  num  - 
ber  of  miles  of  canals  operated;  total  cost  and  cost  per  acre  for 
operation  and  for  maintenance  for  lands  irrigated ;  estimated  total 
value  and  value  per  acre  of  crops ;  population  on  farms ;  total  amount 


308  RECLAMATION     SERVICE     MANUAL. 

of  water  delivered  and  average  amount  in  acre- feet  per  acre;  (2) 
a  brief  history  of  the  year's  operations,  including  description  of 
system;  length  of  season  and  general  information;  construction  and 
repairs;  engineering  investigations,  such  as  seepage,  flow  measure- 
ments, etc.;  amount  of  water  diverted  and  amount  delivered  to 
farms,  both  in  daily  flow  and  in  total  quantity ;  crop  discussion  and 
comparison  of  irrigated  and  non-irrigated  crops;  progress  of  set- 
tlement; public  notices  issued;  and  miscellaneous  material  pertain- 
ing to  the  general  subject;  (3)  tables  and  exhibits,  including 
monthly  storage  in  reservoirs;  diversions  by  months;  canal  statis- 
tics; tabulated  crop  data;  personnel  of  operation  and  maintenance 
organization;  cost  data,  and  map  showing  location  of  lands  irri- 
gated. In  connection  with  the  annual  report  of  operation  and 
maintenance,  it  is  desired  that  there  be  held  in  each  district  an  an- 
nual conference  of  the  principal  operating  men  in  the  Service,  to- 
gether with  representatives  of  water  users'  associations,  managers 
of  private  irrigation  projects,  state  officials,  and  others  who  may  be 
interested  in  this  line  of  work.  As  a  result  of  such  annual  con- 
ferences, there  are  usually  papers  of  value  which  should  be  included 
with  the  annual  report  on  operation  and  maintenance. 

9.  Summary  of  results  and  equipment. — These  reports  are  of 
a  statistical  nature  and  should  be  forwarded  from  each  project  as 
soon  after  the  close  of  the  fiscal  and  calendar  years  as  it  is  pos- 
sible to  collect  the  material.     Forms  7-888  and  7-889  should    be 
used  in  compiling  and  transmitting  the  reports.     Before  forward- 
ing the  Summary  of  Results  it  should  be  compared  with  the  pre- 
vious summaries  for  the  purpose  of  detecting  discrepancies  and  any 
reductions  in  quantities  should  be  fully  explained. 

10.  Report  of  cost  of  pumping  water. — A  report  should  be 
forwarded  each  year,  about  December  31,  on  the  cost  of  opera- 
tion and  maintenance  of  each  pumping  plant. 

11.  .Special  reports. — Events  or  developments   on  a  project 
having  an  important  bearing  on  administrative  questions,  decisions 
of  engineering  boards  on  proposed  work,  results  of  special  investi- 
gations, etc.,  should  be  made  the  subject  of  special  report  to  the  Di- 
rector.    Long  reports  on  important  matters'  which  are  likely  to  be 
submitted  to  the  Secretary  should  be  so  prepared  as  to  t\e  available 
for  transmission  to  the  Department ;  that  is,  matters  relating  wholly 
to  administrative  questions  or  internal  affairs  should  be  presented 
in  a  separate  letter  and  the  report  should  cover  only  the  broad  ques- 


REQUISITION  BOOK    (FORM   7-763)  309 

tions  of  policy  which  are  to  be  passed  upon  by  the  Department.  In 
all  such  cases  a  carbon  copy  of  the  report  should  be  forwarded  to 
the  Director,  together  with  duplicates  of  maps  and  other  enclosures. 
Accidents  involving  loss  of  life  or  destruction  of  valuable  Gov- 
ernment property,  or  destruction  of  works  by  fire  or  flood,  should 
be  reported  without  delay  and  after  thorough  investigation  into  <^£ 
the  cause  of  such  accident  or  fire  a  full  report  should  be  forwarded.  4,,^, 

12.  Project  histories. — When  a  project  is  nearing  completion 
and  before  the  men  have  left  who  are  familiar  with  the  history,  one 
or  more  of  the  principal  men  should  be  entrusted  with  the  prepara- 
tion of  a  history  of  the  entire  project  from  its  inception  to  the  time 
of  completion,  utilizing  for  this  purpose  the  annual  and  other  re- 
ports both  printed  and  manuscript.  With  this  should  be  a  suitable 
number  of  photographs  selected  from  the  official  files  illustrating 
the  progress  of  the  work  and  also  a  selected 'number  of  drawings 
including  maps  showing  the  principal  works  as  actually  constructed. 
There  should  also  be  given  an  analysis  of  the  cost  of  the  principal 
features  and  all  other  fiscal  statements  of  interest  in  this  connection. 
Detailed  instructions  are  contained  in  circular  letter  of  Jan- 
uary 17,  1912. 

REPORTS  TO  SUPERVISING  AND  PROJECT 
ENGINEERS. 

The  project  engineer  should  require  such  daily,  weekly  and 
monthly  reports  as  he  may  need  from  engineers,  foremen,  chief 
clerk,  and  others.  The  supervising  engineer  should  receive  such 
reports  regularly  from  the  several  projects  as  will  keep  him  in  touch 
with  the  progress  on  all  important  features. 

REQUISITION  BOOK  (FORM  7-763). 

Requisition  books  should  be  issued  to  all  engineers,  superintend- 
ents, foremen  and  others  who  have  authority  to  make  requisitions 
on  storehouse  or  other  issuing  departments.  Make  all  requisitions 
in  triplicate,  using  carbon  paper  for  yellow  and  pink  copies.  The 
person  making  requisition  should  place  the  account  numbers  to 
which  supplies  or  materials  are  to  be  charged  opposite  the  items  re- 
lating to  such  supplies  or  materials;  if  the  entire  requisition  re- 
quires the  use  of  but  one  account  number,  bracket  the  items  and 


310  RECLAMATION     SERVICE     MANUAL. 

insert  number  but  once.  Fill  in  blank  spaces  for  date,  project, 
feature,  quantity  wanted,  articles,  and  shipping  directions,  and 
affix  signatures,  and  title.  Send  all  three  copies  to  the  storehouse. 
The  storehouse  clerk  will  fill  in  the  spaces  provided  for  quantity 
furnished,  unit  price  and  total  and  will  foot  requisition.  The  per- 
son receiving  the  goods  will  sign  in  the  space  for  that  purpose,  giv- 
ing title.  The  storehouse  clerk  will  return  the  yellow  (triplicate) 
copy  to  the  person  receiving  the  goods ;  he  will  retain  the  duplicate 
(pink)  copy  for  his  files;  and  at  the  end  of  each  day's  business  will 
forward  the  original  (white)  copy  to  the  project  office.  The 
amount  of  the  requisitions  will  be  posted  to  the  classification  book 
according  to  account  numbers,  so  that  a  daily  distribution  may  be 
made.  The  property  inspector  will  also  use  the  requisition  to 
credit  the  storehouse  and  debit  the  particular  feature  of  the  project 
receiving  equipment.  When  storehouse  clerks,  or  clerks  in  charge 
of  other  issuing  departments,  receive  requisitions  that  cannot  be 
filled  because  of  shortage  in  stock  or  other  sufficient  reasons,  they 
will  mark  on  the  requisition  "Not  in  stock;  will  order,"  and  return 
the  requisition  to  person  making  it.  Should  some  of  the  articles 
be  on  hand,  such  part  of  the  requisition  may  be  filled;  in  this  case 
the  other  items  should  be  cancelled  and  notation  made  as  above. 
New  requisitions  should  then  be  made  for  the  articles  furnished 
later,  the  storehouse  clerk  filling  out  the  requisition  and  signing  it 
for  the  engineer,  foreman  or  superintendent  who  originally  made 
it.  Cross  reference  by  dates  and  names  should  be  made  to  the 
first  requisition. 

RESERVATIONS,  FOREST,  MILITARY,  RIGHT  OF 
WAY  ON,  WITHDRAWALS  ON. 

Military  reservations,  withdrawals  in,  par.  7. 
Precautions  against  fire,  par.  4. 
Reclamation  withdrawal  dominant,  par.  2. 
Reports  of  engineers  on  right-of-way  applications,  par.  6. 
Sale  of  timber  cut  from  lands  under  first  form  withdrawal,  par.  5. 
Use  of  earth,  stone,  and  timber,  par.  3. 
Withdrawals  of  land  in  forest  reserves,  par.  1. 
1.  Withdrawals  of  land  in  forest  reserves. 

(a)   Canal  and  reservoir  rights  of  way, — The  Acts  of  March  3, 


RESERVATIONS,    RIGHT  -OF    WAY    ON,    WITHDRAWALS    ON.       311 

1891  (26  Stat,  1095)  and  February  15,  1901  (31  Stat,  790),  au- 
thorize the  Secretary  of  the  Interior  under  regulations  to  be  pre- 
scribed by  him,  to  permit  the  use  of  right  of  way  for  canals  and 
reservoirs  for  irrigation  purposes  through  the  forest  and  other 
reservations  of  the  United  States  upon  certain  conditions  and 
limitations  'prescribed  in  said  acts  to  the  extent  of  the  ground  oc- 
cupied by  such  canals,  reservoirs  and  other  conduits  and  not  to 
exceed  50  feet  on  each  side  of  the  marginal  limits  thereof. 

(b)  First  form  withdranval  to  protect  irrigation  works. — Areas 
in  National  forests  that  are  needed  for  irrigation  works  for  Recla- 
mation Service  projects  should  therefore  be  withdrawn  under  the 
first  form  so  as  to  prevent  the  attachment  of  any  claims  under  the 
acts  granting  the  rights  of  way  for  canals  and  reservoirs  to  in- 
dividuals and  corporations. 

2.  Reclamation  withdrawal  dominant. — When  land  within  a 
national  forest  is  withdrawn  for  reclamation  purposes  under  the 
act  of  1902,  the  withdrawal  for  that  purpose  will  be  considered 
the  dominant  one.     The  land  will  remain  liable  to  use  by  the  Ser- 
vice.    Prior  to  the  time  the  Service  requires  the  land  for  actual 
use,  it  will  remain  for  administrative  and  protective  purposes  under 
the  control  and  jurisdiction  of  the  Forest  Service.      (Secretary  to 
Director,  February  27,  1909.) 

3.  Use  of  earth,  stone  and  timber. — The  Act  of  February  8, 
1905  (33  Stat,  706),  authorizes  the  Secretary  of  the  Interior  in 
carrying  out  the  provisions  of  the  Reclamation  Act  to  provide  for 
the  use  by  the  Service  of  earth,  stone  and  timber  from  public  lands 
and  forest  reserves. 

(a)  From  public  lands. — Permission  to  take  such  materials  from 
the  public  lands  should  be  first  secured  from  the  Director's  office 
in  each  individual  instance.     Before  such  permission  is  given,  it  is 
necessary  to  obtain  a  report  from  the  General  Land  Office  as  to  the 
status  of  the  land.     The  description  by  section,  township  and  range 
should  be  given  if  the  land  is  surveyed,  and  if  unsurveyed  such  de- 
scription should  be  given  as  may  identify  the  location  by  reference 
to  the  General  Land  Office  map  of  the  State  or  Territory.     Such 
request  by  engineers  for  permission  to  use  such  material  should  be 
forwarded  to  the  Director  in  ample  time  before  the    material  is 
needed. 

(b)  From  national  forests. — Application  to  the  District  Forester 


312  RECLAMATION     SERVICE     MANUAL. 

for  the  use  of  timber  from  national  forest  reserves  should  be  made 
on  the  blanks  provided  for  that  purpose.  Although  the  timber  in 
some  cases  is  to  be  used  by  the  contractor  on  the  works,  the  matter 
should  be  taken  up  directly  by  the  project  manager  with  the  super- 
visor of  the  Forest  Service.  In  cases  of  exigency  where  there  is 
not  sufficient  time  to  submit  an  application,  request  for  the  use  of 
the  timber  should  be  made  by  wire  to  the  Forest  Supervisor. 

4.  Precautions  against  fire. — The  instructions  of  the  forest 
supervisor  in  each  case  regarding  precautions  against  fire,   etc., 
should  be  carefully  followed  in  regard  to  the  manner  of  cutting 
the  timber  and  care  should  be  taken  to  dispose  of  the  brush  in  the 
manner  prescribed  by  the  forest  officer. 

5.  Sale  of  timber  cut  from  lands  under  first  form  withdrawal. 
—Where  timber  is  to  be  cut  for  sale  from  lands  withdrawn  under 
the  first  form,  not  within  a  national  forest,  the  forest  supervisor 
should  be  requested  to  submit  a  report,  estimate  and  suggestions 
for  the  final  contract. 

6.  Reports  of  engineers  on  right-of-way  applications. — In  re- 
porting on  canal  and  railroad  rights-of-way  applications  referred 
to  them,  the  question  of  conflicting  private  interests  should  not  be 
considered,  but  the  report  should  be  in  regard  to  the  feasibility  of 
the  proposed  plans,  such  as  a  sufficiency  of  water  supply,  and  other 
matters  pertaining  to  the  merits  of  the  case,  such  as  the  good  faith 
of  the  applicants  and  the  effect  of  the  allowance  of  the  applications 
upon  legitimate  public  interests;  as  well  as  on  the  question  of  in- 
terference with  any  proposed  plans  for  operations  by  this  Service. 
Any  additional  data  should  be  reported  merely  for  the  information 
of  the  General  Land  Office  with  a  view  to  further  investigation,  if 
desired. 

7.  Military   reservations,  withdrawals  in. — The  Secretary  is 
without  authority  to  segregate  lands  in  abandoned  military  reser- 
vations for  use  as  reservoir  sites  in  connection  with  an  irrigation 
project  under  the  act  of  June  17,  1902  (32  L.  D.,  130).     If  any 
lands  within  such  abandoned  military  reservation  are  required  for 
reclamation  purposes,  a  statement  in  ragard  thereto  should  be  made 
to  the  Director  at  the  earliest  opportunity  in  order  that  steps  should 
be  taken  toward  securing  the  necessary  legislation  by  Congress  to 
allow  the  use  of  such  lands  for  irrigation  purposes. 


RESERVE   FOR   REPLACEMENT    OF   STRUCTURES.  313 

RESERVE  FOR  REPLACEMENT  OF  STRUCTURES. 

(See  also  ACCOUNTS,  CLASSIFICATION  OF,  FAR.  60). 

A  reserve  fund  for  the  replacement  of  structures  may  be  estab- 
lished at  some  future  time  for  the  projects  of  the  Service.  Before 
the  accumulation  of  such  a  fund  is  started  for  any  project,  how- 
ever, the  basis,  amount  and  rate  of  accumulation  thereof  should  be 
submitted  to  the  Director  for  consideration  and  approval.  In  case 
of  approval  of  creating  such  a  fund,  there  shall  be  written  in  De- 
cember of  each  year  into  the  operation  and  maintenance  cost  of 
each  project  an  amount  representing  the  estimated  deterioration  of 
completed  construction  for  the  season  just  passed  which  must  be  re- 
newed in  the  near  future.  This  will  be  done  by  debiting  cost  ledger 
(O  &  M)  and  crediting  reserve  for  replacement  of  structures  in 
the  general  ledger.  A  feature  account  should  be  opened  in  the 
cost  ledger  entitled  Structure  Impairment.  In  the  column  ' 'classifi- 
cation" enter  the  name  of  each  structure  or  group  of  structures 
separately,  under  each  of  the  following  four  heads:  (1)  Develop- 
ment; (2)  Carriage;  (3)  Distribution;  and  (4)  Drainage  and 
Flood  Protection,  and  note  in  successive  columns  the  amount  ap- 
plying to  each  on  the  line  carrying  the  name  of  the  structure.  The 
total  of  all  entries  in  each  column  will  equal  the  total  charged  to 
cost  ledger  for  the  season.  This  amount  will  be  charged  to  Cost 
Ledger  controlling  account  and  credited  to  reserve  for  early  re- 
placement of  structures  in  the  general  ledger.  When  repairs  of 
damages,  for  which  this  reserve  is  established,  are  made  and  charged 
to  the  regular  operation  and  maintenance  feature  accounts,  credit 
cost  ledger  account  and  debit  "reserve  for  replacement  of  struc- 
tures" account  in  the  general  ledger  with  the  amount,  and  credit 
the  structure  impairment  account  in  the  cost  ledger  by  deducting 
from  the  total  theretofore  charged  the  amount  credited  in  this 
entry.  Thus  the  feature  account  or  group  of  features  in  the  cost 
ledger  representing  estimated  immediate  depreciation  will  always 
balance  the  reserve  account  in  the  general  ledger,  and  when  depre- 
ciation becomes  known  it  will  be  transferred  from  the  account  con- 
taining an  estimated  figure  for  all  features  to  the  actual  amount  of 
cost  in  the  account  of  the  particular  feature  repaired.  Deprecia- 
tion can  be  divided  into  three  more  or  less  well  defined  classes : 


314  RECLAMATION     SERVICE     MANUAL. 

1.  The  ordinary  wear  and  tear  resulting  in  small  breaks,  which 
are  repaired  from  day  to  day  constituting  ordinary  maintenance. 

2.  The  depreciation  which  takes  place  in  a  machine  or  structure 
in  such  a  way  as  not  to  appear  as  a  necessary  repair,  but  which 
ultimately  results  in  the  entire  machine  or  structure  being  replaced 
as  a  whole  after  a  more  or  less  extended  period  of  service. 

3.  Unusual  or  accidental  damages  which  may  result  from  ex- 
traordinary   conditions  as    floods,  conflagrations,  etc.     The    first 
item  should  be  taken  care  of  in  the  ordinary  operation  and  main- 
tenance accounts  and  need  not  be  provided  for  in  any  estimate,  as 
the  expenses  of  repairing  the  damage  are  usually  coincident  with 
the  occurrence  of  the  damage.     The  second  division  is  one  which 
in  ordinary  business  is  taken  care  of  by  setting  aside  a  definite 
monthly  or  annual  allowance  for  depreciation  in  addition  to    the 
ordinary  maintenance.     Under  the  third  heading  there  can  be  no 
way  of  mathematically  arriving  at  any  figure  in  advance  which 
may  be  considered  as  an  estimate  of  the  real  damage.     The  best 
that  can  be  done,  perhaps,  is  to  assume  a  figure  for  items  two  and 
three  as  being  within  the  bounds  of  safety  and  strive  to  so  distribute 
the  cost  ledger  charges  over  a  period  of  time  as  to  add  to  the  cost 
ledger  sufficient  to  reach  that  figure  at  the  end  of  the  given  period. 
The  cost  as  recorded  in  the  operation  and  maintenance  cost  ledger 
will  not  necessarily  be  taken  as  the  unqualified  measure  of    the 
amount  to  be  recovered  from  water  users  by  means  of  operation 
and  maintenance  assessments,  yet  it  should  be  consulted,  and  if  all 
costs,  both  actual  and  estimated,  are  included,  it  will  serve  as  a 
guide  and  it  should  in  the  course  of  time  prove  of  value  in  deter- 
mining the  rate  to  be  assessed. 

RESTORATION. 

Applicant  not  entitled  to  explanation,  par.  3. 
Date  restoration  becomes  effective,  par.  5. 
Entry  prior  to  withdrawal,  par.  4. 
Extent  of  restoration,  par.  2. 
Notice  of  restoration,  par.  6. 
Power  possibilities,  par.  7. 
Recommendations,  par.  1. 

1.  Recommendations. — No    restoration    should    be    recom- 


RESTORATION.  315 

mended  until  the  fact  is  definitely  established  that  the  lands  will 
not  be  required  for  construction  or  operation  and  maintenance  or 
that  they  cannot  be  irrigated  under  the  project.  (See  ENTRIES, 
RECLAMATION  HOMESTEADS.)  Upon  application  for  restoration 
of  a  certain  tract,  however,  it  may  be  possible  to  determine  without 
the  expenditure  of  time  or  money  for  survey  or  examination  of  the 
ground,  that  a  continuation  of  the  withdrawal  of  the  tract  in  ques- 
tion for  any  of  the  purposes  specified  is  not  required,  and  that 
other  lands  can  be  restored  at  the  same  time.  (See  ENTRIES, 
RECLAMATION  HOMESTEAD.)  No  information  should  be  given, 
even  to  the  applicant,  regarding  the  nature  of  the  report  and  rec- 
ommendation. »(See  RIGHTS  OE  WAY,  PAR.  4.) 

2.  Extent  of  restoration. — Recommendations  for  restoration 
should  always  include  as  much  land  in  the  same  locality  as  it  is 
practicable  to  restore. 

3.  Applicant  not  entitled  to  explanation. — In  the  case  of  an 
application  to  release  certain  lands  from  the  operation  of  an  order 
of  withdrawal,  the  United  States  need  assign  no  reason  for  de- 
clining to  do  so  when  the  applicant  is  merely  desirous  of  entering 
the  same  in  case  it  can  be  restored  to  entry.      (First  Assistant  Sec- 
retary,  November  22,  1909,  case  of  D.    O.    Robertson,   Yakima 
(Sunnyside)  project,  Washington.) 

4.  Entry  prior  to  withdrawal. — Where  an  entry  is  made  prior 
to  the  reclamation  withdrawal  covering  lands  in  that  vicinity,  it  is 
not  affected  thereby  and  no  recommendation  to  the  Department  is 
necessary  for  restoration  thereof. 

5.  Date  restoration    becomes    effective. — Usually  the  time 
when  an  order  of  restoration  becomes  effective  is  stated  in  the  or- 
der.    In  the  absence  of  such  statement  an  order  of  restoration  is 
not  regarded  as  effective,  so  that  entry  may  be  allowed,  until  the 
order  of  restoration  has  reached  the  local  land  office.     (38  L,.  D., 
146.) 

6.  Notice  of  restoration. — In  all  cases  of  restoration  of  lands 
to  entry  under  the  public  land  laws,  the  register  and  receiver  are 
furnished  with  three  copies  of  each  notice  of  restoration,  one  of 
which  is  promptly  posted  in  their  office  and  remains  posted  for  at 
least  ninety  days  thereafter.     If  the  lands  restored  are  in  or  ad- 
jacent to  a  United  States  reclamation  project,  the  project  engineer 
is  furnished  with  copy  of  notice  of  restoration  to  be  posted  in  his 


316  RECLAMATION     SERVICE     MANUAL. 

office.  The  register  and  receiver  furnish  information  relating  to 
the  restoration  to  local  newspapers  as  a  matter  of  news  without 
expense  to  the  Government. 

7.  Power  possibilities. — All  recommendations  for  restoration 
of  lands  withdrawn  under  the  Reclamation  Act  should  be  accom- 
panied by  a  statement  regarding  the  existence  of  power  sites  which 
it  might  be  possible  to  utilize  in  future  public  or  private  irrigation 
enterprise.  Report  of  such  power  sites  will  be  submitted  by  the 
Director  to  the  Secretary  for  investigation  by  the  Geological  Survey. 

RIGHTS  OF  WAY, 

• 

Conditions  on  granting,  par.  1. 
Ditches  and  canals  crossing  railroads,  par.  3. 
Roadways,  etc.,  on  unentered  public  lands,  par.  4. 
Valid  water  right  necessary,  par.  2. 

1.  Conditions  on  granting. — The  Department  has  authority 
to  attach  conditions  to  the  approval  of  right  of  way  applications 
made  under  the  act  of  March  3,  1875,  18  Stat,  482  (Minidoka  & 
S.  W.  Ry.  vs.  Weymouth,  190  Fed.,  491),  and  under  the  act  of 

T^ March  3,  1891  (sees.  18-21,  26  Stat.,  1095).  Where  the  right  of 
way  applied  for  crosses  lands  withdrawn  under  the  reclamation 
law,  the  applicant  is  required  to  sign  a  stipulation,  the  form  of 
which  was  approved  by  Department  January  31,  1913,  and  em- 
bodies the  general  policy  in  such  cases.  With  the  stipulation,  the 
applicant  is  required  to  make  tender  as  follows:  (a)  where  the  ir- 
rigable area  within  the  right  of  way  has  been  covered  by  public 
notice,  of  a  sum  equal  to  the  building  charge  for  such  irrigable  area 
as  fixed  by  the  last  public  notice;  (b)  where  the  project  is  under 
construction  but  there  has  been  no  public  notice  issued,  the  amount 
to  be  paid  will  be  determined  by  the  Department  in  each  particular 
case.  In  the  latter  cases,  an  approximate  estimate  of  the  building 
charge  to  be  made  should  be  given  in  reporting  thereon. 

2.  Valid  water  right  necessary. — The  act  of  March  3,  1891 
(Sees.  18  to  21,  26  Stat.,  1095),  and  the  regulations  thereunder 
contemplate  and  require  that  prima  facie  evidence  of  the  right  to 
waters  to  be  conveyed  in  or  to  the  canals  and  reservoirs  covered 
by  the  right  of  way  sought,  be  furnished  by  the  applicant,  it  not  be- 


RIGHTS  OF  WAY.  317 

ing  contemplated  that  easements  shall  be  granted  where  the  ap- 
plicant has  no  water  to  convey  therein.  In  cases  where  the  Gov- 
ernment has  filed  notices  of  appropriation  and  asserted  its  claim 
to  the  unappropriated  waters  of  a  stream,  applications  for  rights 
of  way  in  conflict  with  or  detrimental  to  the  Government  project, 
when  such  rights  are  based  upon  appropriations  made  or  use  at- 
tempted to  be  initiated,  subsequent  to  the  assertion  of  the  claims 
of  the  Government,  should  not  be  allowed.  The  Department  has 
therefore  directed  the  Commissioner  of  the  General  Land  Office  to 
refer  all  such  applications  for  right  of  way  to  the  Reclamation  Ser- 
vice for  report  as  to  all  the  pertinent  facts  and  circumstances  at- 
tending the  Government  project,  including  date,  manner  and  extent 
of  appropriation  of  waters  by  the  United  States,  whether  and  how 
the  right  of  way  sought  will  conflict  with  the  interests  of  the 
United  States  in  the  reclamation  project  in  question  and  any  other 
matters  affecting  or  pertaining  to  the  application  in  question.  (Sec- 
retary to  the  Commissioner  of  the  General  Land  Office,  October  22, 
1910.) 

Where  the  field  officers  find  it  necessary  to  report  adversely  on 
such  applications  for  right  of  way  by  reason  of  interference  with  the 
use  of  the  water  under  appropriations  by  the  United  States,  the  re- 
port should  state  fully  the  facts  in  accordance  with  these  instruc- 
tions. 

3.  Ditches  and  canals  crossing  railroads. — Contracts  with 
railroad  companies  for  the  crossing  of  their  tracks  and  rights  of 
way  by  ditches  and  canals  of  any  reclamation  project  in  cases  where 
the  railroad  line  was  built  before  the  reclamation  withdrawal  should 
be  drawn  on  the  following  principles : 

(a)  The  contract  should  embody  a  definite  plan  of  construction 
adequate  to  assure  the  safety  of  the  railway  traffic  and  the  cost  of 
carrying  out  such  definite  plan  may  be  paid  by  the  United  States. 

(b)  The  railroad  company  should  be  free  at  all  times  to  take 
such  measures  as  it  deems  necessary  to  maintain  the  safety  of  ther-- 
crossing  under  such  conditions  as  may  arise,  including  even  changes  *- 
of  grade,  or  other  changes  by  the  railroad;  but  the  railroad  com- 
pany should  not  be  empowered  to  stop  the  flow  of  water  in  the 
canals  for  a  longer  time  than  is  reasonably  necessary. 

(c)  The  United  States  should  be  obligated  to  pay  the  reasonable 
cost  of  maintaining  safety  at  the  crossing  in  the  original  status  of 


\ 

$ 


318  •  RECLAMATION     SERVICE     MANUAL. 

such  crossing,  or  as  it  may  be  affected  by  any  changes  necessitated 
by  natural  phenomena  or  by  law,  but  it  should  not  be  held  to  pay 
any  further  expense  connected  with  the  crossing  that  the  railroad 
company  may  care  to  incur. 

To  contract  on  these  principles  will  be  more  advantageous  to 
the  Government  and  the  railroad  companies  than  would  condem- 
nation proceedings.  If  any  railroad  company  is  unwilling  to  so 
contract,  condemnation  proceedings  should  be  recommended. 

4.  Roadways,  etc.,  on  unentered  public  lands. — Where  the 
Service  has  built  or  acquired  a  road,  telephone,  telegraph  or  trans- 
mission line  or  other  structure  of  that  nature  upon  unentered  pub- 
lic lands  report  should  be  made  to  the  Director  as  soon  as  prac- 
ticable after  the  completion  thereof  stating  the  status  of  the  lands 
crossed.  Where  such  right  of  way  crosses  first  form  withdrawn 
lands,  if  such  lands  are  not  needed  for  any  other  purposes  the  re- 


c 


port  should  be  accompanied  by  a  recommendation  for  their  restora- 
tion to  the  public  domain,  or  if  irrigable  under  the  project  for  a 
D  change  of  withdrawal  to  second  form,  with  reservation  of  the  right 
of  way.  Upon  receipt  of  such  recommendation  the  matter  will  be 
submitted  to  the  Department  for  instructions  to  the  Commissioner 
of  the  General  Land  Office  to  note  on  the  tract  books  the  reserva- 
tion of  an  easement  for  the  constructed  roadway,  telephone  line  or 
other  structure,  and  thereafter  anyone  entering  such  lands  will 
take  subject  to  the  easement  of  way  which  will  be  reserved  in  the 
patent  issued  for  such  lands.  (See  Departmental  Instructions  to 
G.  L.  O.,  August  29,  1911,  and  G.  L.  O.  letter  to  Director  of  Feb- 
ruary 8,  1913.) 

SALOONS  ON  WITHDRAWN  LANDS. 

A  mere  withdrawal  of  lands  under  the  first  form  is  of  itself  an  ap- 
propriation of  all  lands  within  the  limits  of  such  withdrawal,  except 
lands  to  which  a  vested  right  or  interest  had  attached  at  the  date  of 
the  withdrawal  so  as  to  deprive  Congress  of  the  power  of  disposi- 
tion and  control  over  the  same.  (34  L.  D.,  155.)  The  Secretary 
of  the  Interior  thereafter  has  complete  control  over  such  lands  anal- 
ogous to  a  private  owner.  No  saloons  may  be  maintained  upon  or 
liquors  sold  on  such  lands,  without  the  Secretary's  consent.  If  a  sa- 
loon is  established  on  such  land  proper  action  through  the  United 
States  attorney  to  secure  an  injunction  should  be  recommended. 


SANITARY   REGULATIONS.  319 

SANITARY  REGULATIONS. 

Camp  sites,  par.  3. 

Camp  structures,  par.  4. 

Care  of  camps,  par.  2. 

Flies  and  mosquitoes,  par.  7. 

Garbage,  par.  9.  $  ., 

Lavatory  arrangements,  par.  5. 

Screens,  par.  8. 

Stables,  par.  11. 

Tuberculosis,  par.  1. 

Vaults,  par.  10. 

Water  supply,  par.  6. 

1.  Tuberculosis. — Attention  is  called  to  the  Executive  Order 
of  February  28,  1906,  relating  to  the  prevention  of  tuberculosis. 
The  names  of  all  persons  who  are  afflicted  with  tuberculosis,  or 
who  are  suspected  of  being  afflicted,  should  be  reported  to  the 
Director  in  order  that  suitable  precautions  may  be  taken  to  prevent 
the  spread  of  the  disease  and  to  take  such  steps  or  give  such  advice 
as  may  lead  to  the  improvement  of  sanitary  conditions.  The  fol- 
lowing regulations  should  be  observed  : 

(a)  All  persons  in  Government  employ  are  positively  forbidden 
to  spit  upon  the  floors. 

(b)  Rooms,  hallways,  corridors,  and  lavatories  shall  be  freely 
aired  and  effectually  cleaned  at  least  once  a  day  and  not  during 
working  hours. ' 

(c)  Spittoons  shall  receive  a  daily  cleansing  with  very  hot  water 
and  when  placed  ready  for  use,  must  contain  a  small  quantity  of 
water  to  which  should  be  added  a  small  amount  of  carbolic  acid  as 
a  deodorant. 

(d)  Dust  must  be  removed  as  completely  as  possible  by  means 
of  dampened  cloths  or  mops.     It  should  never  be  needlessly  stirred 
up  by  a  broom  or  duster,   as  this  practice  only  spreads  the  dust  and 
germs. 

(e)  'Floors  of  tiling,  brick,  or  stone  must  be  frequently  scoured 
with  soap  and  water. 

(f)  The  senior  clerks  in  charge  of  workrooms  will  take  measures 
to  secure  during  working  hours  the  admission  of  as  much  fresh 
air  and  sunshine  as  the  conditions  will  permit.     Janitors  of  sleep- 


320  RECLAMATION     SERVICE     MANUAL. 

ing  apartments  should  have  instructions  to  thoroughly  air  such 
apartments  daily. 

(g)  The  use  of  individual  drinking  glasses  is  recommended 

(h)  Persons  in  Government  employ  who  suffer  from  pulmonary 
tuberculosis  shall  be  separated  when  possible  from  others  while 
at  work. 

(i)  Such  persons  will  not  be  permitted  to  use  the  public  spit- 
toons, but  must  provide  themselves  with  individual  sputum  re- 
ceivers, preferably  of  easily  destructible  material,  and  carry  these 
with  them  on  arrival  and  departure.  These  will  be  held  strictly 
responsible  for  the  disposal  and  destruction  of  their  own  sputum, 
so  that  no  other  person's  health  may  be  endangered  therefrom. 

(j)  Such  persons  must  provide  their  own  drinking  glasses,  soap, 
and  towels  and  shall  not  use  those  provided  for  the  general  use. 

(k)  Plainly  printed  notices,  reading  as  follows:  "Do  not  spit 
on  the  floor;  to  do  so  may  spread  disease,"  shall  be  prominently 
posted  in  rooms,  hallways,  corridors,  and  lavatories  of  public 
buildings. 

2.  Care  of  camps. — Construction  camps  maintained  in  con- 
nection  with   irrigation   projects   afford    exceptionally     favorable 
ground  for  the  spread  of  disease.     It  is  therefore  incumbent  upon 
those  in  charge  to  provide  against  all  conceivable  conditions  or  cir- 
cumstances which  might  result  in  an  outbreak  of  disease  among  the 
engineers  or  laborers.     The  following  sanitary  code  has  been  pro- 
mulgated to  govern  the  location,  construction  and  maintenance  of 
camps.     Every  engineer  in  charge  of  a  camp  or  party  will  be  ex- 
pected to  enforce  these  regulations  as  strictly  as  conditions  will 
permit.     All  members  of  the  Reclamation     Service,   whether    in 
charge  of  camps  or  not  are  requested  to  assist  in  such  enforcement. 

3.  Camp  sites. — Especial  care  should  be  exercised  in  the  lo- 
cation   of  camp  sites.     They  should  be  placed  upon  well-drained 
ground  where  sun  and  air  may  have  free  access  and  as  far  as  pos- 
sible from  bodies  of  quiescent  water,  such  as  bog  holes,  seepage 
ponds   and   sinks.     Low   places   along    river  bottoms    should   be 
avoided  whenever  possible,  and  in  case  it  becomes  necessary  to  es- 
tablish a  camp  at  any  point  where  the  ground  water  table  is  close 
to  the  surface,  each  camp  structure  should  be  surrounded  at  its  base 
by  a  trench  of  from  1  to  2  feet  in  depth  and  an  outlet  provided  for 
emergency  use  to  drain  off  water  which  may  collect  there. 

4.  Camp  structures. — Camp  sites  should  always  be  selected 


SANITARY    REGULATIONS.  321 

convenient  to  some  source  of  water  supply,  but  the  camp  structures 
should  not  be  placed  in  close  proximity  thereto.  The  slope  and 
nature  of  the  soil  should  be  considered,  and  no  structure  should  be 
erected  at  a  point  from  which  effete  matter  may  filter  through  the 
ground  and  infect  the  water  supply. 

5.  Lavatory  arrangements. — Arrangements  should  be  made 
for  the  rapid  and  complete  disposal  of  water  from  wash  basins, 
tubs,  etc.     In  the  case  of  permanent  camps  a  sink  should  be  pro- 
vided with  pipe  connection  to  a  covered  cesspool  or  septic  tank  lo- 
cated at  a  point  from  which  there  will  be  no  drainage  to  a  well  or 
other  stored  water  supply.     Whenever  the  conditions  are  such  as 
to  make  this  arrangement  impracticable,  the  lavatory  should  be 
placed  at  a  point  similar  to  that  described  in  the  case  of  the  cesspool. 
Where  the  nature  of  the  ground  is  not  such  as  to  readily  absorb 
all  wash  water  an  excavation  of  proper  dimensions  should  be  made 
and  filled  with  loose  material  to  a  level  with  the  ground  surface. 

6.  Water  supply. — The  water  supply  for  all  camps,  especially 
that  used  for  drinking  and  cooking,  should  be  absolutely  free  from 
all  suspicion  of  dangerous  organic    contamination.     Old  wells    in 
questionable   positions   with   reference   to   surface   or   outbuilding 
drainage  should  be  avoided,  and  wherever  there  are  no  wells  free 
from  such  suspicion  upon  the  site  of  a  permanent  camp,  new  ones 
should  be  sunk  at  unquestionable  points.     Whenever  it  is  necessary 
to  erect  a'  camp  at  which  the  only  water  available  is  open  to  suspicion 
or  is  known  to  be  contaminated  with  animal  wastes,  such  water 
should  be  purified  by  boiling  or  by  filtration.     If  the  former  course 
is  taken,  great  care  should  be  exercised  to  maintain  at  all  times  a 
sufficient  quantity  of  stored  water  which  has  been  cooled  after 
boiling.     In  many  cases  where  boiling  has  been  resorted  to  for 
water  purification,  this  rule  has  not  been  observed  and  the  members 
of  the  camp,  finding  no  water  or  only  that  recently  boiled,  have 
been  induced  to  drink  raw  water.     Such  an  act  destroys  the  value 
of  all  previous  precautions.     Filtered  water  is  far  more  palatable 
and  generally  as  safe  as  that  which  has  been  boiled.     The  Berkefeld 
filter,  or  one  of  similar  design,  is  best  adapted  for  such  use.     Fil- 
ters can  be  obtained  in  various  sizes  and  should  be  installed  with  a 
suitable  container  to  store  filtered  water.     The  pressure  should  be 
developed  either  by  pumping  direct  through  the  filter  or  by  placing 
a  small  reservoir  at  some  point  higher  than  the  filter  and  allowing 


322  RECLAMATION     SERVICE     MANUAL. 

the  filtration  process  to  go  on  continuously  into  the  clear  water 
reservoir. 

7.  Flies  and  mosquitoes. — The  most  important  sanitary  pro- 
vision in  connection  with  camps  is  that  of  exclusion  of  flies  from 
cook  tents,  mess  tents  and  privy  vaults;  yet  this  is  the  very  pro- 
vision which  is  most  frequently  overlooked.     According  to  the  re- 
port of  the  commission  appointed  by  President  McKinley  to  in- 
vestigate into  the  occurrence  of  typhoid  fever  among  the  soldiers 
during  the  Spanish  war,  almost  every  outbreak  which  occurred 
was  due  to  the  lack  of  sufficient  protection  against  flies.     There- 
fore, special  care  should  be  taken  to  exclude  flies  from  all  places 
in  which  foodstuffs  are  exposed,  and,  if  necessary,  in  the  large 
camps  a  man  should  be  detailed  to  accomplish  this  purpose.     Crude 
oil  should  be  put  on  the  surface  of  all  stagnant  pools  of  water  in 
vicinity  of  camp  sites  and  renewed  from  time  to  time.     This  will 
kill  the  mosquito  larva.     Special  attention  should  be  given  to  the 
destruction  of  flies  and  their  breeding  places  in  early  spring.     To 
this  end  a  weak  solution  of  formaldehyde  sweetened  may  be  placed 
where  flies  congregate. 

8.  Screens. — Mess  and  cook  tents  or  houses  should  be  pro- 
vided with  screens  at  all  windows,  and  each  door  which  leads  into 
the  outer  air  should  be  provided  with  a  vestibule  about    4    feet 
square,  constructed  in  the  following  manner :  The  dividing  parti- 
tion and  the  door  between  the  cook  or  mess  tent  and  the  vestibule 
should  be  of  wood  as  well  as  the  side  walls  of  the  vestibule  for  a 
distance  of  about  1  foot  from  the  dividing  wall.     The  door  and 
walls  should  be  painted  black  or  some  dark  color;  the  remainder 
of  the  vestibule  should  be  of  durable  wire  netting  and  door  lead- 
ing from  the  vestibule  out,  of  the  same  material.     With  such  a  pro- 
vision the  flies  which  enter  the  outer  screen  door  during  the  time 
when  people  are  passing  through,  will  be  caught  in  the  vestibule  and 
will  congregate  upon  the  wire  part. of  the  vestibule  in  preference 
to  the  dark  colored  wood  next  to  the  cook  or  mess  tent,  and  only  a 
very  small  proportion  of  the  flies  entering  the  vestibule  will  under 
such  conditions  escape  into  the  larger  apartment.     If  the  cook  and 
mess  tents  or  houses  are  not  built  under  a  common  roof,  the  passage 
between  the  two  should  be  thoroughly  screened,  and  if  an  entrance 
is  made  from  the  outside  to  the  passage,  vestibules  should  be  pro- 
vided as  above  described.     Of  equal  importance  is  the  thorough 
screening  of  privy  vaults  and  vault  apartments,  for  it  is  from  such 


SANITARY   REGULATIONS.  323 

places  that  flies,  carrying  upon  their  bodies  effete  material,  diffuse 
throughout  the  camp  an  epidemic  by  coming  in  contact  with  foods. 
Without  proper  screening  a  disastrous  epidemic  of  typhoid  may  be 
easily  spread  through  a  camp  if  one  of  the  members  of  the  .camp — 
or,  indeed,  a  transient  guest — should  be  in  the  prodromal  stages 
of  the  disease.  It  is  at  these  times  that  the  discharges  are  most 
virulent.  Vaults  should,  therefore,  be  built  of  tight  material  and 
be  provided  with  a  vestibule  at  the  entrance  similar  to  that  above 
described  in  the  case  of  cook  and  mess  apartments.  As  an  extra 
precaution  to  prevent  flies  from  traveling  from  privy  vaults  to  mess 
and  cook  rooms,  such  vaults  should  be  provided  with  self-closing 
lids.  Wherever  it  is  possible  to  do  so,  sleeping  apartments  should 
be  thoroughly  screened,  not  only  for  the  comfort  of  the  members 
of  the  camp,  but  to  protect  them  from  mosquitoes  which  transmit 
the  malarial  infection.  The  genus  anopheles,  which  transmits  the 
malarial  infection  through  its  proboscis,  does  not  commonly  fly 
about  during  the  day,  but  is  active  at  night  and  should  be  excluded 
from  sleeping  apartments.  Camps  should  be  well  supplied  with 
sticky  fly  paper  in  cook  and  mess  apartments,  and  all  flies,  mos- 
quitoes, etc.,  should  be  excluded  so  far  as  it  is  possible  to  do  so 
before  foodstuffs  are  exposed. 

9.  Garbage. — Garbage  should  not  be  allowed  to  remain  upon 
camp  premises  for  any  length  of  time,  but  should  be  removed  as 
frequently  as  conditions  will  allow.     While  it  is  necessarily  stored 
upon  premises,  it  should  be  kept  in  metal  containers  and  protected 
from  flies  and  other  vermin.     Other  and  more  expensive  methods 
of  disposing  of  garbage  and  other  camp  refuse  and  promoting  the 
general  sanitary  condition  of  camps  may  be  adopted  when  the  extra 
expense   involved  is  warranted  by  the  attending  conditions.     If 
hogs  are  kept  for  disposal  of  garbage,  a  prescribed  distance  from 
buildings  should  be  fixed,  which  should  be  500  feet  rather  than  50 
feet. 

10.  Vaults. — Privy  vaults  should  always  be  placed  at  a  con- 
siderable distance  from  other  camp  structures,  should  be  kept  as 
dry  as  possible,  should  not  be  so  placed  that  the  drainage  there- 
from will  infect  the  local  water  supply,  and  frequent  use  of  chloride 
of  lime  or  simple  slacked  lime  is  advisable.     Buildings  over  vaults 
should  be  moved  frequently  and  vaults  filled  and  covered  to  a  depth 
of  not  less  than  two  feet  with  dry  earth. 


324  RECLAMATION     SERVICE     MANUAL. 

11.  Stables. — Horse  and  cow  stables,  Government  and  pri- 
vate, should  be  furnished  with  fly-proof  receptacles  into  which  the 
manure  should  be  thrown  every  morning,  and  removed  twice 
weekly  to  a  specified  dumping  ground,  where  it  should  be  burned. 

SETTLERS,  PROPERTY  OF,  PROTECTION  FROM 
FIRE,  ETC. 

When  in  the  operation  and  maintenance  of  projects  it  becomes 
necessary  to  perform  work  that  may  result  in  damage  to  the  prop- 
erty of  settlers  unless  extreme  precaution  is  taken,  such  as  the  burn- 
ing of  weeds  removed  from  canals,  a  sufficient  number  of  carefully 
instructed  employees  should  be  assigned  to  the  duty  to  render  im- 
possible the  spread  of  fire.  They  should  be  provided  with  suitable 
devices  for  extinguishing  fires  when  necessary  for  safety,  or  for 
protecting  the  burning  piles  of  weeds  from  being  blown  about.  The 
law  prevents  the  United  States  from  making  compensation  for 
property  destroyed  through  carelessness  or  negligence  of  its  em- 
ployees. This  fact  increases  the  obligation  of  the  United  States  to 
the  settlers  to  exercise  the  utmost  possible  care  for  preventing  loss 
from  the  necessary  activities  of  the  United  States  in  carrying  on  its 
work.  The  project  managers  will  be  expected  to  take  every  practi- 
cable precaution  to  protect  the  interests  of  the  settlers  and  should,  as 
opportunity  arises,  try  to  arouse  the  interest  of  the  settlers  in  the 
subject  of  the  establishment  and  maintenance  of  fire-guards. 

SPECIAL  FISCAL  AGENTS,  RESPONSIBILITIES  AND 
DUTIES  OF. 

Absence  from  duty,  par.  10. 

Accounts  allowed  when  checks  are  not  received,  par.  62. 

Accounts,  administrative  examination  of,  par.  60. 

Accounts  current,  Form  7-400,  par.  70. 

Accounts  of  over  three  years  inactivity,  par.  42. 

Administration,  payment  of  checks  without,  par.  25 

Assignments  of  pay  of  employees,  par.  23. 

Auditor's  statement  of  differences,  letter  of  explanation  relating  to, 

par.  65. 

Auxiliary  account.  Form  7-408,  par.  75. 
Balances,  analyses  of,  par.  55. 


SPECIAL    FISCAL   AGENTS.  325 

Balances  computed  from  check  register,  par.  56. 

Balances,  unchanged,  par.  29. 

Bond,  approval  of,  notice  of,  par.  6. 

Bond,  closing  accounts  under,  par.  9. 

Bonds,  execution  of,  par.  2. 

Bonds,  renewal  of,  par.  4. 

Cash,  carrying,  par.  64. 

Cash  payments,  par.  17. 

Ceasing  to  disburse,  notice  of,  par.  11. 

Certificates  of  deposit,  disposition  of,  par.  84. 

Check  books,  par.  8. 

Check  books,  care  of,  par.  30. 

Check,  issuing  duplicate,  par.  45. 

Check  signed  by  a  special  fiscal  agent  no  longer  in  the  Service,  loss 

of,  par.  47. 

Checks,  changes  in,  par.  34. 
Checks,  collections  on,  par.  49. 
Checks,  delivery  of,  par.  78. 
Checks  drawn  in  favor  of  payee,  par.  32. 
Checks,  errors  in  drawing,  par.  36. 
Checks  less  than  three  years  outstanding,  par.  40. 
Checks  more  than  three  years  outstanding,  par.  41. 
Checks1,  outstanding  and  undelivered,  par.  43. 
Checks,  signatures  to  be  used  on,  par.  5. 
Checks,  signing  in  blank,  par.  31. 
Checks,  spoiled,  disposition  of,  par.  37. 
Checks,  stopping  and  releasing  payments  on,  par.  44. 
Checks,  typewritten  or  stamped,  par.  35. 
Checks,  unpaid,  par.  38. 
Claimants,  certificates  by,  par.  15. 
Collection,  bills  for,  par.  48. 
Collections,  abstract  of,  Form  7-405,  par.  74. 
Collections,  reporting  on  account  current,  par.  54. 
Contract  claims,  par.  20. 

Deceased  creditors,  amounts  due,  payment  of,  par.  24. 
Depositaries,  par.  50. 

Discretion  to  be  used  in  making  disbursements,  par.  83. 
Disallowances,  par.  67. 
Disallowances,  appeal  from,  par.  68. 


326  RECLAMATION     SERVICE     MANUAL. 

Disbursements,  abstract  of,  Form  7-404,  par.  73. 

Drafts  and  checks,  payment  of,  par.  39. 

Duties  of  special  fiscal  agent,  par.  13. 

Examination  by  Auditors  of  the  Treasury  Department,  par.  61. 

Final  payment  for  services  of  employees  separated  from  the  Ser- 
vice, par.  19. 

Forged  checks,  recovery  of  money  on,  par.  46. 

Freight  or  express  paid  on  expense  accounts  and  purchase  vouchers, 
par.  81. 

Funds,  advance  of,  par.  7. 

Funds,  transfer  of,  par.  28. 

Funds  for  disbursement,  par.  82. 

Money  papers,  description  of,  par.  69. 

Negotiable  paper,  par.  27. 

Payments,  par.  79. 

Payments  involving  consideration  of  law,  par.  80. 

Public  moneys,  deposit  of,  par.  26. 

Public  moneys,  safe  keeping  and  disposition  of,  par.  63. 

Purpose  and  identity,  insertion  of,  on  checks,  par.  33. 

Receipts  for  cash  payments,  par.  18. 

Receipts  for  disbursements,  par.  16. 

Reclamation  deposit  account,  par.  77. 

Records  required,  par.  52. 

Register  of  checks,  Form  7-403,  par.  72. 

Remittances,  par.  51. 

Report  of  receipt  of  account  current,  Form  7-401,  par.  71. 

Requisition  for  funds,  Form  7-409,  par.  76. 

Separation  from  the  Service,  par.  12. 

Special  fiscal  agent,  designation  of,  par.  1. 

Statement  of  disbursing  account,  checking  of,  par.  59. 

Statements  of  Treasurer,  par.  58. 

Subsidiary  cash  account,  par.  57. 

Sureties,  par.  3. 

Suspensions,  par.  66. 

Transactions  between  departments,  par.  22. 

Transactions  covered  by  accounts,  par.  53. 

Treasury  Department  circular  No.  52,  par.  85. 

Vouchers,  certification  and  approval  of,  par.  21. 

Vouchers,  payment  of,  par.  14. 


SPECIAL  FISCAL  AGENTS.  327 

CROSS  REFERENCES. 

TRAVEL  EXPENSE. 

VOUCHERS,  PREPARATION  AND  PAYMENT  OF. 

VOUCHERS  AND  CLAIMS,  CERTIFICATION  AND  APPROVAL  OF. 

COLLECTIONS. 

1.  Special  fiscal  agent,  designation  of. — When  the  need  of 
a  special  fiscal  agent  arises  in  a  division -of  the  Reclamation  terri- 
tory, the  supervising  engineer  thereof  should  select  from  his  classi- 
fied employees  one  who  in'  his  opinion  is  fitted  for  the  duties  of  the 
position  and  should   forward  to  the   Director  a  request   for  the 
designation  and  appointment  of  the  employee  selected,  stating  his 
name,  the  proposed  salary  and  the  desired  amount  of  bond.     If  this 
request  receives  favorable  action  a  bond  will  be  forwarded  to  the 
special  fiscal  agent  for  execution. 

2.  Bonds,  execution  of. — Form  7-003  has  been  approved  by 
the  Interior  and  Treasury  departments  for  use  in  executing  official 
bonds,  and  full  instructions  governing  the  execution  of  such  bonds 
are  printed  on  the  back  of  the  form.     Failure  to  follow  these  in- 
structions may  result  in  the  return  of  the  bond   for  correction, 
causing  delay  in  placing  funds  to  the  special  fiscal  agent's  credit. 
Duplicate  receipts  for  premiums  should  be  requested  from  the  bond- 
ing company,  one  copy  of  which  should  be  forwarded  to  the  Secre- 
tary of  the  Treasury  through  the  Director's  office.     The  receipt  for 
the  first  premium  should  accompany  the  bond  or  notation  over  sig- 
nature of  sureties  as  to  rate  charged  should  appear  thereon  to  ex- 
pedite acceptance  and  filing. 

3.  Sureties. — With  Form  7-003  a  list  of  the  names  of  surety 
companies  acceptable  to  the  Interior  and  Treasury  departments  will 
be  sent  to  the  newly  designated  special  fiscal  agent  with  a  supple- 
mental list  of  the  names  of  companies  that  have  quoted  rates  to 
special  fiscal  agents  in  the  Service. 

4.  Bonds,  renewal  of. — A  renewal  of  an  official  bond  every 
four  years  is  required  by  law.     If  at  any  time  during  this  period  it 
is,  in  the  opinion  of  the  Director,  desirable  to  change  the  original 
amount  of  the  bond,  a  redesignation  of  the  special  fiscal  agent  is 
necessary.     It  is  also  necessary  for  the  special  fiscal  agent  to  render 
final  accounts  under  the  previous  bond  within  20  days  subsequent 
to  the  closing  of  this  bond  before  an  advance  will  be  made  under 


328  RECLAMATION     SERVICE     MANUAL. 

the  new  bond,  in  order  that  the  liability  of  the  sureties  on  the  re- 
spective bonds  may  be  definitely  fixed.  Disbursements  under  the 
old  bond  may  continue  up  to  the  time  when  the  new  bond  is  ap- 
proved by  the  Secretary  of  the  Interior,  but  no  credit  will  be  given 
under  the  new  bond  until  all  money  in  the  special  fiscal  agent's  pos- 
session belonging  to  the  United  States  and  a  check  for  the  balance 
with  the  Treasurer  of  the  United  States  in  his  favor  under  the  old 
bond  have  been  deposited.  There  will,  therefore,  be  an  interim 
during  which  disbursements  cannot  be  made.  Accounts  with  the 
Auditor  under  the  original  bond  and  each  renewal  thereof  must  be 
kept  entirely  separate.  The  number  of  the  last  voucher  paid  under 
the  old  bond  should  be  kept  on  record  and  all  collections  for  dis- 
allowances under  it  should  be  deposited  to  the  credit  of  the  Treas- 
urer of  the  United  States,  the  date  of  the  bond  being  stated  in  the 
letter  of  transmittal.  A  supplemental  account  current  showing 
such  collections  should  be  forwarded  to  the  Director  quarterly  until 
the  account  under  the  old  bond  is  finally  settled  and  closed  by  the 
Auditor. 

5.  Checks,  signatures  to  be  used  on. — When  the  blank  bond 
is  sent  to  the  special  fiscal  agent,  four  cards  will  also  be  forwarded 
for  recording  his  official  signature  as  it  is  to  appear  on  the  checks. 
Before  issuing  any  checks  each  special  fiscal  agent  should  furnish 
the  Treasurer  of  the  United  States,  with  his  official  signature  duly 
verified  by  some  officer  whose  signature  is  known  to  the  Treasurer. 
The  signature  cards  and  verified  signature  should  be  sent  to  the 
Director.     The  fiscal  agent  should  also  furnish  each  active  desig- 
nated depositary  bank  or  assistant  treasurer  in  his  locality  with  his 
signature,  verified  in  such  manner  as  the  bank  or  assistant  treas- 
urer may  desire.     See  circular  letter  dated  January  23,  1913,  from 

_  the  Secretary  of  the  Treasury. 

6.  Bond,  approval  of,  notice  of. — Upon  notification  of  the 
approval  of  a  bond  by  the  Secretary  of  the  Interior  a  request  that 
funds  be  placed  to  the  special  fiscal  agent's  credit  should  be  made 
to  the  Director. 

7.  Funds,  advance  of. — Advances  of  funds  will  not  be  made 
to  a  bonded  special  fiscal  agent  in  excess  of  the  penalty  of  his  bond 
except  on  written  authority  of  the  Secretary  of  the  Treasury. 

>j      8.  Check  books. — As   soon   as   notice   is   received   from   the 

Director  by  a  special  fiscal  agent  that  a  credit  has  been  entered  on 
VI 

0 


SPECIAL   FISCAL   AGENTS.  329 

the  books  of  the  Treasurer,  application  for  check  books  should  be 
made  to  the  Treasurer  of  the  United  States.  As  the  danger  of  loss 
of  blank  checks  by  theft  and  of  subsequent  fraudulent  use  thereof 
is  considerable,  the  supply  of  check  books  should  be  no  larger  than 
necessary.  The  instructions  and  circular  letters  received  from  the 
Treasury  Department  should  be  carefully  read. 

9.  Bond,  closing    accounts    under. — When   a  special  fiscal 
notify  the  Treasurer  of  the  United  States  of  the  number  of  the  last 
check  drawn,  sending  the  Director  a  carbon  copy  of  the  letter.    An 
account  current  should  be  prepared  in  duplicate  stating  that  it  is  for 
a  part  of  the  current  quarter,  the  vouchers  abstracted  in  duplicate 
and  a  check  drawn  in  favor  of  the  Treasurer  of  the  United  States 
for  the  unexpended  balance,  stating  in  the  appropriate  space  on  the 
check  that  it  covers  the  "Unexpended  balance  to  close  the    bond 
dated  ."     In  transmitting  this  check  to  the  Treas- 
urer a  request  should  be  ma.de  that  it  be  placed  to  the  credit  of  the 
Treasurer  of  the  United  States  in  the  special  fiscal  agent's  name, 
as  a  repayment  to  the  Reclamation  fund.     On  the  account  current 
under  Item  3  should  be  entered  the  date,  number  and  amount  of 
the  check  covering  the  unexpended  balance,  also  of  the  certificate  of 
deposit,  if  received  prior  to  transmittal  of  report.     As  soon  as  the 
check  is  forwarded,  the  account  current  and  all  vouchers  and  ab- 
stracts should  be  sent  to  the  Director  without  delay.     Upon  notice 
from  the  auditor  that  the  accounts  are  finally  settled,  the  special 
fiscal  agent  should    notify  the  bonding    company.     Sureties    on 
official  bonds  are  released  from  liability  if  suit  is  not  commenced 
within  five  years  from  the  final  statement  of  the  account  finding 

an  officer  indebted  to  the  United  States.     A  list  of  all  outstanding      C 
checks  should  accompany  the  special  fiscal  agent's  money  papers  to 
the  Treasury,  and,  if  he  is  leaving  the  service  or  will  no  longer  act     ^ 
in  capacity  of  a  disbursing  officer,  all  undelivered  checks  in  his  pos- 
session at  the   time  his  bond   is  closed.     Blank  or   unused  checks 
should  be  returned  to  the  Treasurer  of  the  United  States. 

10.  Absence  of  special  fiscal  agent  from  duty. — If  a  special 
fiscal  agent  is  for  any  reason  relieved  from  duty  for  such  a  period 
as  to  necessitate  another  bonded  officer  acting  for  him,  a  letter  em- 
bodying the  reasons  for  such  absence,  the  number  and  date  of  the 
last  check  drawn  and  the  probable  length  of  absence,  should  be  ad- 
dressed to  the  Treasurer  of  the  United  States.     Upon  return  of  the 


330  RECLAMATION     SERVICE     MANUAL. 

special  fiscal  agent  to  duty,  he  should  report  his  return  to  the  Treas- 
urer of  the  United  States. 

11.  Ceasing  to   disburse,   notice   of. — Whenever    a   special 
fiscal  agent  ceases  to  act  in  that  capacity  he  should  at  once  inform 
the  Secretary  of  the  Treasury  whether  he  has  any  public  funds  to 
his  credit  with  the  Treasurer,  and  if  so,  what  checks  against  the 
same  are  still  outstanding  and  unpaid.     Until  this  information  shall 
have  been  satisfactorily  furnished,  the  special  fiscal  agent's  entire 
credit  will  be  held  to  meet  the  payment  of  such  checks. 

12.  Separation  from  the  Service. — In  case  of  the  separation 
of  a  special  fiscal  agent  from  the  Service  by  resignation  or  other- 
wise, checks  previously  drawn  by  him  will  be  paid  from  the  funds 
to  his  credit,  unless  such  checks  have  been  drawn  more  than  four 
months  before  their  presentation  or  reasons  exist  for  suspecting 
fraud.     Any  check  previously  drawn  by  him  and  not  presented  for 
payment  within  four  months  of  its  date  will  not  be  paid  until  its 
correctness  shall  have  been  attested  by  the    Comptroller    of  the 
Treasury  or  his  chief  clerk.     Accompanying  the  special  fiscal  agent's 
final  account  should  be  transmitted  all  undelivered  checks  in  his  pos- 
session and  a  list  of  all  outstanding  checks.     Special  fiscal  agents 
must  submit  their  resignations  or  requests  for  furlough  at  least 
thirty  days  prior  to  the  proposed  date  of  effect,  and  shall  not  be 
allowed  to  leave  the  Service  until  the  money  papers  to  settle  their 
final  accounts  with  the  Treasurer  have  been  reviewed  in  the  Wash- 
ington office  and  found  in  proper  form  for  forwarding  to  the  Treas- 
ury Department. 

13.  Duties  of  special  fiscal  agents. — A  special  fiscal    agent 
should  pay  accounts  presented  to  him  for  payment  after  auditing 
them  for  correctness  as  to  form,  amount,  and  validity  of  the  claim 
against  the  United  States.     He  should  aid  the  purchasing  agent  to 
obtain  cash  discounts  by  handling  details  of    disbursements  in    a 
prompt   and   businesslike    manner    and    should    pay    all    accounts 
promptly.     He  should  also  collect  and  receipt  for  all  money  due  to 
the  United  States  within  his  field  of  duty  and  see  that  it  is  promptly 
deposited  with  the  proper  depositary.     He  should  be  provided  with 
a  safe  or  vault  for  the  safekeeping  of  his  check-books  and  other  val- 
uable books  and  records  and  cash,  and  he  alone  should  have  access 
to  it  or  to  that  portion  of  it  assigned  to  him. 

14.  Vouchers,  payment  of. — All  vouchers  in  favor  of    em- 


SPECIAL   FISCAL,   AGENTS.  331 

ployees  for  service  and  for  reimbursement  of  expenses  and  all  pur- 
chase vouchers  not  exceeding  $500  should  be  paid  by  the  local 
special  fiscal  agent.  Purchase  vouchers  or  other  claims  exceeding 
$500  each  may  be  paid  by  the  local  special  fiscal  agent  or  sent  to  the 
Director,  according  to  the  urgency  for  making  prompt  payment, 
consideration  being  given  to  the  question  whether  such  payments 
will  so  reduce  the  special  fiscal  agent's  available  funds  as  to  inter- 
fere with  making  other  more  urgent  payments.  Claims  in  which 
there  is  any  element  of  uncertainty  should  be  sent  to  the  Director. 
New  credits  may  be  asked  for  every  ten  days,  if  needed,  provided 
an  auxiliary  account  is  transmitted  to  the  Director  on  Form  7-408 
with  each  request  for  new  credit.  In  no  case  shall  the  special  fiscal 
agent  draw  checks  in  excess  of  the  amount  of  his  credit  or  until 
notice  of  his  credit  has  been  received.  In  an  emergency,  upon  cer- 
tification by  wire  by  the  project  engineer  of  the  exact  amount  repre- 
sented by  paid  vouchers  in  dollars  and  cents  and  a  statement  that 
the  vouchers  are  en  route  if  such  is  the  case,  requisition  for  funds 
may  be  made  prior  to  the  receipt  of  the  vouchers  by  the  Director. 
Special  fiscal  agents  will  be  held  responsible  for  payments  made  by 
them  where  the  purchases  or  contracts  do  not  comply  with  the  re- 
quirements of  the  law  as  to  competition  (see  ADVERTISEMENTS  AND 
BIDS,  PAR.  2). 

15.  Claimants,   certificates  by. — Vouchers   for   payment   by 
special  fiscal  agents  shall  be  certified  by  the  claimant  as  correct  and 
just,  except  that  a  voucher  for  personal  compensation  for  services 
rendered  under  the  personal  supervision  of  ah  administrative  officer 
need  not  be  certified  by  the  claimant,  provided  that  it  is  certified  by 
such  officer  and  that  the  voucher  describes  specifically  the  position, 
the  rate  of  compensation  and  the  period  covered  by  the  services  of 
the  claimant.     Expense  accounts  of  civilian  officers  and  employees 
of  the  United  States  and  other  accounts  so  required  by  law  shall 
be  verified  by  affidavits.     (See  VOUCHERS  AND  CLAIMS,  CERTIFI- 
CATION AND  APPROVAL  OE.  ) 

16.  Receipts    for    disbursements. — A    special    fiscal    agent 
should  not  take  a  receipt  for  money  paid  by  him  with  a  check  except 
where  receipts  are  required  either  by  law  or  by  contract.     The 
special  fiscal  agent  should  note  on  a  voucher  paid  with  a  check  the 
date,  number  and  amount  of  the  check.     The  auditor  will  consider 
paid  checks  transmitted  to  him  as  prima  facie  evidence  of  payment 


332  RECLAMATION     SERVICE     MANUAL. 

of  the  related  vouchers  and  will  compare  all  such  checks  in  his  pos- 
session therewith.  If  any  material  irregularity  in  vouchers  al- 
lowed prior  to  the  receipt  of  paid  checks  is  discovered  the  settle- 
ment of  the  accounts  containing  such  vouchers  will  be  revised  or 
reopened  under  established  rules.  Special  fiscal  agents  should  as- 
certain that  name  of  payee  as  written  on  check  is  identical  with 
that  shown  at  heading  of  voucher  and  certification  of  claimant  to 
voucher.  The  same  is  also  true  as  to  names  of  employees  shown 
on  payroll  and  service  vouchers.  Proper  caution  in  this  respect 
will  avoid  suspensions. 

17.  Cash  payments. — Special  fiscal  agents  shall  make  cash 
payments  only  when  special  authority  therefor  has  been  granted 
and  in  cases  authorized  by  Treasury  Department  circular  No.  102, 
dated  December  7,  1906,  and  then  in  only  those  cases  where  the  pay- 
ment is  made  by  him  in  person  or  by  his  deputy  and  where  the  ex- 
change of  money  and  the  receipt  therefor  are  simultaneous. 

18.  Receipts  for  cash  payments. — When  payments  are  made 
in  cash  they  must  be  evidenced  by  a  statement  to  that  effect  in  the 
receipt,  substantially  in  the  following  form  (appropriately  modified 
on  pay-rolls)  : 

Received  from ,  special  fiscal  agent, 

in  person,  or  by  his  deputy,  and  in  cash,  the  sum  of 

dollars  and cents,  in  full  payment  of  voucher  No. 

,  for 

The  auditor  will  consider  receipts  in  this  form  as  prima  facie  evi- 
dence of  cash  payments. 

When  cash  payments  are  made  on  single  service  vouchers,  a  re- 
ceipt therefor  on  Form  7-452  should  be  attached  to  the  voucher,  and 
when  made  on  pay-rolls,  the  payee  should  sign  the  pay-roll  in  the 
receipt  column.  When  it  is  necessary  to  obtain  a  receipt  and  the 
employee  cannot  write,  he  should  affix  his  mark,  and  some  person 
other  than  the  special  fiscal  agent  or  approving  officer  should  sign 
as  witness. 

19.  Final  payment  for  services  of  employees  separated  from 
the  Service. — Special  fiscal  agents  before  making  final  settle- 
ment with  employees  separated  from  the  Service  should  be  fur- 
nished with  evidence  that  such  employees  have  turned  in  all  Govern- 
ment property  in  their  possession,  and  should  deduct  from  the 
amounts  due  for  services  any  amounts  that  may  be  due  the  United 
States  on  account  of  meals  furnished,  supplies  purchased,  etc.  An 


SPECIAL    FISCAL,   AGENTS.  333 

employee  in  possession  of  a  mileage  or  scrip  book  at  the  time  of  his 
separation  from  the  department  must  settle  his  accountability  there- 
for before  final  payment  of  his  salary  will  be  made. 

20.  Contract    claims. — Successive    payments    on    contracts 
exceeding  $5,000  in  amount  that  provide  for  periodic  payments  on 
cumulative  estimates  covering  all  work  done  or  supplies  from  the 
beginning  of  the  contract  with  deductions  for  holdbacks  and  pre- 
vious payments  should  be  made  by  direct  settlement  by  the  auditor, 
unless  authority  to  make  such  payments  in  the  field  is  obtained  from 

/  the  Director. 

21.  Vouchers,  certification  and  approval  of. — Every  voucher 
must  be  certified  by  some  officer  of  the  Service  having  complete 
knowledge  of  the  facts  relating  to  the  claims  therein.     Vouchers 
when  transmitted  to  the  Director  should  bear  the  approval  of  the 
supervising   engineer   or   acting  supervising  engineer.     A   special 
fiscal  agent  should  not  consider  that  he  has  credit  for  an  unap- 
proved  voucher  until  the  approval  thereof  is  received  by  him.     If 
all  blank  lines  on  a  pay-roll  or  other  voucher  and  the  numbers  op- 
posite such  blanks  are  not  canceled,  such  pay-roll  or  voucher  should 
be  returned  to  the  chief  clerk  for  proper  completion.     (See  VOUCH- 
ERS AND  CLAIMS,  CERTIFICATION  AND  APPROVAL  OE.) 

22.  Transactions  between  departments. — Vouchers  for  ser- 
vices rendered  or  supplies  furnished  by  one  department,  bureau,  or 
office  to  another  department,  bureau,  or  office  should  be  prepared 
in  duplicate  and  forwarded  to  the  chief  of  the  first  department  for 
approval  and  transmission  to  the  second  department  for  settlement 
by  transfer  of  appropriation  in  the  office  of  the  proper  auditor  in 
the  Treasury  Department.     Special  fiscal  agents  have  no  authority 
to  pay  such  accounts  to  other  departments,  bureaus  or  offices  or  to 
receive  payment  therefrom  for  claims  of  the  Reclamation  Service. 

23.  Assignments  of  pay  of  employees. — Under  the  provis- 
ions of  the  sundry  civil  appropriation  act,  approved  May  27,  1908, 
all  employees  of  the  Service  stationed  at  points  outside  of  Wash- 
ington and  employees  stationed  in  Washington  temporarily  on  duty 
away  from  headquarters  may  make  assignments  of  their  pay  by 
letters  in  duplicate  addressed  to  the  special  fiscal  agents  who  cus- 
tomarily pay  their  service  vouchers  in  the  following  form : 

Sir:  You  are  hereby  requested  and  authorized  to  pay  the 
service  earnings  that  may  accrue  to  me  from 


334  RECLAMATION     SERVICE     MANUAL. 

19 .  . ,  to 19 .  . ,  to , 

whose  receipt  therefor  or  endorsement  upon  the  check  issued 
in  payment  thereof  shall  be  evidence  of  such  payment  to  me, 
•  and  shall  release  the  United  States  from  any  liability  of  pay- 
ment for  such  service  earnings. 

A  special  fiscal  agent  receiving  such  an  assignment  should  make 
payment  upon  properly  certified  and  approved  service  vouchers  by 
checks  drawn  to  the  order  of  the  assignee  named  and  should  attach 
the  original  letter  of  assignment  to  the  first  voucher  upon  which 
such  assignment  is  operative,  and  should  note  the  number  of  such 
first  voucher  on  all  succeeding  vouchers  upon  which  payment  is  made 
to  the  assignee.  Revocations,  alterations  and  renewals  of  the  as- 
signments herein  provided  for  may  be  made  by  suitable  letters.  No 
assignment  should  be  accepted  or  acted  upon  by  any  special  fiscal 
agent  unless  he  is  fully  satisfied  that  such  assignment  was  executed 
in  person  by  the  employee  of  his  own  free  will  without  coercion  or 
intimidation.  Section  6  of  the  Act  of  Congress  approved  May  30, 
1908  (35  Stat.  L.,  556),  granting  to  certain  employees  of  the 
United  States  the  right  to  receive  from  it  compensation  for  in- 
juries sustained  in  the  course  of  their  employment  provides,  "Sec. 
6,  That  payments  under  this  act  are  only  to  be  made  to  the  bene- 
ficiaries or  their  legal  representatives  other  than  assignees,  and  shall 
not  be  subject  to  the  claims  of  creditors."  Provision  for  assign- 
ments of  pay  by  employees  of  the  Reclamation  Service  while  em- 
ployed in  the  field,  incorporated  in  the  Act  of  Congress  approved 
May  27,  1908  (35  Stat.,  350),  does  not  apply  to  payments  of  com- 
pensation made  under  the  Act  of  May  30,  1908. 

24.  Deceased  creditors,  amounts  due,  payment  of. — Vouch- 
ers for  services  of  a  deceased  employee  or  for  amounts  due  de- 
ceased creditors  should  be  made  out  in  favor  of  a  duly  appointed 
and  acting  executor  or  administrator  of  his  estate,  except  as  stated 
below,  and  should  be  forwarded  to  the  Director  for  set- 
tlement by  the  auditor.  A  copy  of  the  letters  testamentary  or  let- 
ters of  administration  certified  by  a  clerk  of  the  court  should  ac- 
company the  voucher.  As  a  matter  of  substantial  justice  and  to 
avoid  costs  of  administration  it  has  been  the  practice  of  the  ac- 
counting officers  of  the  Treasury  to  allow  in  certain  cases  amounts 
not  exceeding  $200  due  the  estates  of  deceased  persons  to  be  paid 
to  those  persons  who  are  ultimately  and  legally  entitled  thereto.  No 
payments  of  this  character,  however,  should  be  made  unless  all  ma- 


SPECIAL   FISCAL   AGENTS.  335 

terial  and  relevant  facts  are  shown  by  an  affidavit  or  affidavits  of 
credible  persons  having  the  requisite  knowledge  thereof.  Such 
affidavit  or  affidavits  should  recite  so  much  of  the  following  facts 
as  may  be  pertinent,  and  as  far  as  practicable  in  the  order  indi- 
cated: (a)  the  name  and  residence  of  the  affiant,  the  kinship  or 
other  relationship  of  the  affiant  with  the  decedent;  (b)  name  of 
the  decedent,  facts  concerning  and  date  of  death,  legal  domicile  at 
the  time  of  death  (this  fact  should  be  carefully  stated,  as  it  deter- 
mines what  laws  of  distribution  and  descent  are  to  be  applied  to  the 
estate ;  a  temporary  residence  at  a  particular  place  does  not  fix  it  as  a 
legal  domicile)  ;  (c)  the  complete  facts  upon  which  the  claim  is 
based;  position  lately  occupied  by  decedent,  rate  of  pay,  period  of 
service  upon  which  the  claim  is  based  or  other  facts  substantiating 
claim  if  not  an  employee,  and  the  amount  of  money  claimed;  (d) 
description  of  estate,  stating  assets  and  liabilities  (if  there  is  no 
other  estate  than  that  claimed  as  being  due  from  the  United  States, 
it  should  be  so  stated ;  if  decedent  left  debts,  it  should  be  so  stated, 
and  they  should  be  described)  ;  (e)  that  administration  of  the  es- 
tate has  neither  been  asked  nor  granted,  if  such  be  the  case;  the 
interest  of  the  claimant  or  claimants  in  the  estate  of  the  decedent 
(if  a  widow,  minor  children,  or  other  kin  make  a  claim,  the  relation- 
ship to  the  decedent  must  be  accurately  and  fully  set  forth)  ;  (f)  a 
statement  whether  the  funeral  expenses  have  been  paid,  together 
with  a  receipted  bill  therefor  if  such  expenses  have  been  paid. 
(Funeral  expenses  are  made  preferred  claims  in  most  of  the  States.) 
The  affidavit  embracing  the  above  facts  should  be  accompanied  by 
an  affidavit  of  a  disinterested  person  who  has  knowledge  of  the  ma- 
terial facts  set  forth  therein  and  who  has  no  interest  in  the  dece- 
dent's estate.  (See  12  Compt,  Dec.  439.) 

25.  Administration,  payment  of  checks  without. — When  tin- 
negotiated  checks  for  less  than  $200  are  the  only  assets  of  the  es- 
tates of  deceased  employees  whose  legal  representatives  it  is  im- 
possible to  locate,  and  when  there  are  debts,  including  undertaker's 
bill,  to  be  paid,  it  will  be  necessary  in  order  that  such  creditors  may 
secure  any  of  the  proceeds  of  said  checks,  for  each  claimant  and  two 
witnesses  to  execute  affidavits  on  Treasury  Department  Form  3516, 
and  for  a  disinterested  person  to  execute  an  additional  affidavit,  as 
described  in  items  a  to  /  of  the  preceding  paragraph,  to  accompany 
such  claim.  Form  3516  when  completed  should  be  delivered  to  the 


336  RECLAMATION     SERVICE     MANUAL. 

special  fiscal  agent  holding  the  checks,  who  will  forward  it  through 
the  Director's  office  to  the  Treasury  Department. 

26.  Public  moneys,  deposit  of. — Any  public  money  advanced 
to  special  fiscal  agents  shall  be  deposited  immediately  to  their  re- 
spective credits  with  the  Treasurer,  or  by  special  direction  of  the 
Secretary  of  the  Treasury,  with  a  national  bank  depositary,  in  ac- 
cordance with  the  following  provision  of  law : ' 

1.  "It  shall  be  the  duty  of  every  disbursing  officer  having 
any  public  money  intrusted  to  him  for  disbursement,  to  de- 
posit the  same  with  the  Treasurer  or  some  one  of  the  as- 
sistant treasurers'  of  the  United  States,  and  to  draw  for  the 
same  only  as  it  may  be  required  for  payments  to  be  made  by 
him  in  pursuance  of  law  (and  draw  for  the  same  only  in 
favor  of  the  persons  to  whom  payment  is  made)  ;  and  all 
transfers  from  the  Treasurer  of  the  United  States  to  a  dis- 
bursing officer  shall  be  by  draft  or  warrant  on  the  Treasury 
or  an  assistant  treasurer  of  the  United  States.     In  places, 

,  however,  where  there  is  no  treasurer  or  assistant  treasurer, 
the  Secretary  of  the  Treasury  may,  when  he  deems  it  es- 
sential to  the  public  interest,  specially  authorize  in  writing 
the  deposit  of  such  public  money  in  any  other  public  de- 
positary, or,  in  writing,  authorize  the  same  to  be  kept  in  any 
other  manner,  and  under  such  rules  and  regulations  as  he 
may  deem  most  safe  and  effectual  to  facilitate  the  payments 
to  public  creditors."  (R.  S.  3620;  12  Compt,  228,  268.) 

2.  "Every  disbursing  officer  of  the  United  States  who  de- 
posits any  public  money  intrusted  to  him  in  any  place  or  in 
any  manner,  except  as  authorized  by  law,  or  converts  to  his 
own  use  in  any  way  whatsoever,  or  loans  with  or  without 
interest,  or  for  any  purpose  not  prescribed  by  law  withdraws 
from  the  treasurer  or  any  assistant  treasurer  or  any  au- 
thorized depositary,  or  for  any  purpose  not  prescribed  by 
law  transfers  or  applies  any  portion  of  the  public  money 
intrusted  to  him,  is,  in  every  such  act,  deemed  guilty  of  an 
embezzlement  of  the  money  so  deposited,  converted,  loaned, 
withdrawn,  transferred,  or  applied ;  and  shall  be  punished  by 
imprisonment  with  hard  labor  for  a  term  not  less  than  one 
year  nor  more  than  ten  years,  or  by  a  fine  of  not  more  than 
the  amount  embezzled  or  less  than  one  thousand  dollars,  or 
by 'both  such  fine  and  imprisonment."      (R.  S.  5488;  Treas. 
Dept  Cir.  102.) 

27.  Negotiable   paper. — Negotiable   paper,     such    as    bank 
drafts,  personal  checks,  postal  or  express  money  orders,  received 


SPECIAL   FISCAL   AGENTS.  337 

in  payment  of  accounts  due  the  United  States,  should  receive  par- 
ticular attention.  Personal  checks  for  large  amounts  should  not 
be  accepted  unless  certified  by  the  bank  upon  which  they  are  drawn. 
A  special  fiscal  agent  who  guarantees  the  payment  of  any  negotiable 
paper  does  so  at  his  own  risk  and  assumes  a  personal  responsibility. 
All  negotiable  paper  should  be  deposited  in  the  designated  deposi- 
tary for  collection  promptly  upon  its  receipt,  the  special  fiscal  agent 
taking  a  receipt  from  the  depositary.  After  collection  has  been 
made  and  certificate  of  deposit  received,  the  receipt  secured  at  the 
time  of  depositing  for  collection  may  be  surrendered  to  the  depos- 
itary. Pending  the  receipt  of  the  certificate  of  deposit  the  amount 
may  be  taken  up  on  the  account-current  (if  the  deposit  is  made  at 
the  close  of  the  quarter),  and  on  the  ten-day  statement,  as  cash  re- 
mitted for  deposit,  certificates  not  received.  Checks,  drafts,  money 
orders,  coin,  currency,  etc.,  should  not  be  negotiated  at  local  banks 
for  the  purchase  of  bank  drafts  to  remit  to  depositaries.  If  the 
bank  issuing  a  draft  should  fail  before  collection  the  special  fiscal 
agent  would  be  responsible  for  the  loss  as  credit  would  not  be  given 
by  the  depositary  and  he  could  not  refuse  to  credit  the  payers  if 
their  checks  were  good.  If  the  draft  received  should  be  good, 
but  any  negotiable  papers  used  in  its  purchase  should  prove  to  be 
worthless,  complications  will  arise  which  might  make  necessary  an 
appeal  to  Congress  for  the  relief  of  the  special  fiscal  agent,  who 
would  be  called  upon  by  the  bank  to  reimburse  it  for  any  endorsed 
paper  which  proves  to  be  worthless.  If  the  designated  depositary 
is  located  in  a  city  in  which  the  fiscal  agent  is  located,  all  collections 
should  be  deposited  therein  in  the  form  in  which  received.  If  the 
designated  depositary  is  not  in  the  same  city  in  which  the  fiscal 
agent  is_  located,  he  should  convert  all  postal  orders  into  cash  at  the 
local  post  office  and  should  remit  all  checks,  drafts,  money  orders, 
coin,  currency,  etc.,  to  the  designated  depositary  by  registered  mail 
or  by  express.  Reclamation  funds  may  be  used  for  the  purchase 
of  registry  stamps,  or  express  charges  may  be  settled  in  the  usual 
manner  by  the  issuance  of  a  bill  of  lading.  (See  COLLECTIONS.) 
28.  Funds,  transfer  of. — Special  fiscal  agents  are  not  author- 
ized to  transfer  funds  from  their  credit  with  one  depositary  to  their 
credit  with  -another  depositary ;  such  transfers,  when  necessary,  will 
be  made  by  the  Secretary  of  the  Treasury  upon  the  request  of  the 
Secretary  of  the  Interior. 


338  RECLAMATION     SERVICE     MANUAL. 

29.  Balances,  unchanged. — "The   amounts,   except  such    as 
are  provided  for  in  Section  306  of  the  accounts  of  every  kind  of  dis- 
bursing officer,  which  shall  have  remained  unchanged,  or  which 
shall  not  have  been  increased  by  any  new  deposit  thereto,  nor  de- 
creased by  drafts  drawn  thereon,  for  the  space  of  three  years,  shall 
in  like  manner  be  covered  into  the  Treasury,  to  the  proper  appro- 
priation to  which  they  belong;  and  the  amounts  thereof  shall,  on 
the  certificate  of  the  Treasurer  that  such  amount  has  been  deposited 
in  the  Treasury,  be  credited  by  the  proper  accounting  officer  of  the 
Department,  to  the  officer  in  whose  name  it  has  stood  on  the  books 
of  any  agency  of  the  Treasury,  if  it  appears  that  he  is  entitled  to 
such  credit."      (R.  S.  309;  Treas.  Dept.  Cir.  42.) 

30.  Check  books,  care  of. — In  the  interest  not  only  of  the 
special  fiscal  agent  himself,  but  of  the  treasurer,  the  depositary  and 
innocent  receivers    of  checks  made  out  on  the  official  check  forms, 
the  greatest  care  should  be  exercised  by  each  special  fiscal  agent  in 
the  custody  of  official  check  books.     They  should  be  kept  under 
lock  and  key  when  not  in  use,  and  the  serial  numbers  of  the  unused 
checks  should  be  frequently  examined  to  see  that  no  check  in  the 
series  is  missing. 

31.  Checks,  signing  in  blank. — Special  fiscal    agents    must 
not  sign  checks  in  blank,  leaving  the  name  of  the  payee  and  the 
amount  to  be  filled  in  by  others  under  any  circumstances.     If  the 
special  fiscal  agent  is  necessarily  absent  from  duty  payments  can- 
not be  made  unless  checks  are  sent  to  him  for  signature.     When  the 
special  fiscal  agent  desires  to  take  annual  leave  he  should  give  notice 
sufficiently  in  advance  so  that  another  person  can  be  assigned  to 
make  the  necessary  payments  during  his  absence. 

32.  Checks  drawn  in  favor  of  payee. — All  official  checks  of 
special  fiscal  agents  shall  be  drawn  in  the  respective  names  of  the 
parties  to  whom  the  payments  are  to  be  made  and  payable  to  order, 
with  these  exceptions:  (1)  to  make  payments  of  amounts  not  ex- 
ceeding $20  each,  (2)  to  make  payments  at  a  distance  from  a  de- 
positary and  (3)  to  make  payments  of  fixed  salaries  due  for  certain 
periods.     In  either  of  these  cases  any  special  fiscal  agent  may  draw 
his  check  in  favor  of  himself  or  order  for  the  amount  necessary 
for  such  payment,  but  in  the  first  and  last  named  cases  the  check 
shall  be  drawn  not  more  than  two  days  before  the  payments  be- 
come due.     Special  fiscal  agents  drawing  checks  payable  to  them- 
selves or  order  for  the  purpose  of  making  payments  of  amounts 


SPECIAL    FISCAL    AGENTS.  339 

not  exceeding  $20  each  need  not  hereafter  accompany  such  checks 
with  the  list  of  the  names  of  the  persons  to  whom  the  amounts 
drawn  are  to  be  paid. 

33.  Purpose  and  identity,  insertion  of,  on  checks. — A  special 
fiscal  agent  drawing  official  checks  shall  state  in  the  space  provided 
on  each  check  the  object  or  purpose  for  which  the  payments  are 
made  such  as  services,  pay-roll,  supplies,  etc.     If  the  object  or  pur- 
pose for  which  a  check  of  a  special  fiscal  agent  is  drawn  is  not 
stated  thereon,  or  if  any  reason  exists  for  suspecting  fraud,  the  de- 
positary on  which  such  check  is  drawn  will  refuse  its  payment. 
Official  checks  should  be  identified  with  the  vouchers  in  payment 
of  which  they  are  issued  by  noting  on  each  check  the  number  and 
other  necessary  description  of  the  voucher  relating  thereto. 

34.  Checks,  changes  in. — If  a  special  fiscal  agent  makes  an 
alteration  by  erasures  or  otherwise  in  a  check,  he  should  certify  on 
the  upper  margin  thereof  to  the  correctness  of  the  alteration.    Rub- 
ber stamps  in  the  following  form  may  be  used  to  advantage  when 
an  error  in  the  name  (a)  or  amount  (b)  is  made  when  drawing 
a  check. 

(a)  Pay  to  the  order  of 


Change  made  by 

S.  F.  A.,  U.  S.  R.  S. 

(b)  Correct  amount  of  check  is 

$. 

Change  made  by 

S.  F.  A.,  U.  S.  R.  S. 

35.  Checks,  typewritten  or  stamped. — The  preparation  of 
checks  in  any  other  manner  than  with  pen  and  ink  is  not  approved 
except  in  cases  where  typewriting  machines  with  the  so-called  "pin- 
point type"  are  available. 

"06.  Checks,  errors  in  drawing. — Errors  in  drawing  checks 
resulting  either  in  over  or  under-payments  should  be  taken  up  by 
the  special  fiscal  agent  at  once  and  the  transaction  shown  on  the  ac- 
count current.  In  over-payments  the  amounts  overpaid  must  be 
deposited  to  official  credit  with  the  depositary  upon  which  the  check 
was  drawn  and  taken  up  in  the  account  current  under  "credits" 
for  "errors  conceded,"  describing  the  same,  and  under  "debits," 
item  2.  Under-payments  may  be  corrected  by  drawing  a  check  for 
difference  due  payee  and  transmitting  it  to  him,  forwarding  to  the 


340  RECLAMATION     SERVICE     MANUAL. 

Director  a  statement  or  letter  of  explanation  in  regard  to  the  mat- 
ter to  be  filed  with  the  account.  If  impossible  to  locate  the  payee 
and  make  payment,  credit  should  be  given  on  the  account  current, 
as  errors  conceded,  describing  the  same.  In  this  manner  the  audit- 
ing officials  will  have  full  information  in  regard  to  the  transaction 
and  will  be  in  a  position  to  settle  the  account  finally  without  further 
question. 

37.  Checks,  spoiled,  disposition  of. — All  checks  spoiled    in 
drawirig  or  canceled  should  be  sent  to  the  Treasurer  of  the  United 
States  each  month  for  entry  on  the  statement  of  the    disbursing 
account.     Upon  ceasing  to  disburse  and  final  closing  of  accounts 
all  unused  checks  should  also  be  returned  to  the  Treasurer  of  the 
United  States. 

38.  Checks  unpaid. — "At  the  termination  of  each  fiscal  year 
all  amounts  of  moneys  that  are  represented  by  certificates,  drafts, 
or  checks,  issued  by  the  Treasurer  or  by  any  disbursing  officer  of 
any  Department  of  the  Government,  upon  the  Treasurer  or  any  as- 
sistant treasurer  or  designated  depositary  of  the  United  States,  or 
upon  any  national  bank  designated  as  a  depositary  of  the    United 
States,  and  which  shall  be  represented  on  the  books  of  either  of  such 
offices  as  standing  to  the  credit  of  any  disbursing  officer,  and  which 
were  issued  to  facilitate  the  payment  of  warrants,  or  for  any  other 
purpose  in  liquidation  of  a  debt  due  from  the  United  States,  and 
which  have  for  three  years  or  more  remained  outstanding,  unsatis- 
fied, and  unpaid,  shall  be  deposited  by  the  Treasurer,  to  be  covered 
into  the  Treasury  by  warrant,  and  to  be  carried  to  the  credit  of  the 
parties  in  whose  favor  such  certificates,  drafts,  or  checks  were  re- 
spectively issued,  or  to  the  persons  who  are  entitled  to  receive  pay 
therefor,  and  into  an  appropriation  account  to  be  denominated  'out- 
standing liabilities.'  "      (R.  S.  306;  Treas.  Dept.  Cir.  42.) 

39.  Drafts  or  checks,  payment  of. — "The  payee  or  the  bona 
fide  holder  of  any  draft  or  check,  the  amount  of  which  has  been  de- 
posited and  covered  into  the  Treasury  pursuant  to  the  preceding 
sections,  shall,  on  presenting  the  same  to  the  proper  officer  of  the 
Treasury,  be  entitled  to  have  it  paid  by  the  settlement    of  an  ac- 
count and  the  issuing  of  a  warrant  in  his  favor  according  to  the 
practice  in  other  cases  of  authorized  and  liquidated  claims  against 
the  United  States."      (Treas.  Dept.  Cir.  42,  R.  S.  308.) 

40.  Checks  less  than  three  years  outstanding. — A  Treasury 
draft  or  check  drawn  by  a  special  fiscal  agent  still  in  the  Service 


SPECIAL  FISCAL  AGENTS.  341 

that  is  presented  for  payment  within  three  full  fiscal  years  from  its 
date,  will  be  paid  from  funds  to  the  credit  of  the  special  fiscal  agent 
in  the  usual  manner  by  the  depositary  on  which  it  is  drawn. 

41.  Checks  more  than  three  years  outstanding. — A  draft  or 
check  that  has  been  issued  for  a  longer  period  than  three  full  fiscal 
years  will  be  paid  only  by  the  settlement  of  an  account  in  the  Treas- 
ury Department,  as  provided  in  Section  308,  Revised  Statutes ;  and 
for  this  purpose  the  draft  or  check  will  be  transmitted  to  the  Secre- 
tary of  the  Treasury  for  the  necessary  action,  or,  if  lost,  proof  of 
ownership  and  loss  thereof  and  a  bond  of  indemnity  must  be  fur- 
nished. 

42.  Accounts  of  over  three  years  inactivity. — "The  Treas- 
urer, each  assistant  treasurer,  and  each  designated  depositary  of  the 
United  States,  and  the  cashier  of  each  of  the  national  banks  desig- 
nated as  such  depositaries,  shall,  at  the  close  of  business  on  every 
thirtieth  day  of  June,  report  to  the  Secretary  of  the  Treasury  the 
condition  of  every  account  standing,  as  in  the  preceding  section 
specified,  on  the  books  of  their  respective  offices  stating  the  name 
of  each  depositor,  with  his  official  designation,  the  total  amount  re- 
maining on  deposit  to  his  credit,  and  the  dates,  respectively,  of  the 
last  credit  and  last  debit  to  each  account.     And  each  disbursing 
officer  shall  make  a  like  return  of  all  checks  issued  by  him,  and 
which  may  have  been  outstanding  and  unpaid  for  three  years  or 
more,  stating  fully  in  such  report  the  names  of  the  payees,  for  what 
purpose  each  check  was  given,  the  office  on  which  drawn,  the 
number  of  the  voucher  received  therefor,  the  date,  number,  and 
amount  for  which  it  was  drawn,  and  when  known,  the  residence  of 
the  payee."      (R.  S.  310 ;  Treas.  Dept.  Cir.  42.) 

43.  Checks,  outstanding  and  undelivered. — "Every  disburs- 
ing officer  will,  upon  receipt  of  the  statement  of  his  disbursing  ac- 
count for  the  month  of  June  of  each  year,  from  the  office  or  bank 
in  which  his  funds  are  kept,  immediately  make  a  return  to  the  Sec- 
retary of  the  Treasury  of  all  checks  drawn  by  him  which  have  been 
outstanding  and  unpaid  for  three  full  fiscal  years  on  the  30th  of 
June  of  that  year,  as  also  required  by  section  310,  stating  the  num- 
ber of  each  check,  its  date,  amount,  in  whose  favor,  on  what  office 
or  bank,  and  for  what  purpose  drawn;  the  number  of  the  voucher 
in  payment  of  which  it  was  drawn,  and,  if  known,  the  residence 
-of  the  payee,  and  inclose  in  said  return  all  checks  described  therein 
which  may  be  in  his  possession."     (Treas.  Dept.  Cir.  42.) 


342  RECLAMATION     SERVICE     MANUAL. 

44.  Checks,  stopping    and    releasing    payments    on. — Upon 
notification  by  the  payee  of  a  check  being  lost,  stolen  or  destroyed,  a 
special  fiscal  agent  should  notify  the  Treasurer  and  request  that 
payment  thereon  be  stopped,  giving  the  number  of  the  check,  the 
date  and  amount,  the  name  of  the  payee  and  the  object  for  which 
drawn.     If  the  check  is  recovered  the  special  fiscal  agent  should 
notify  the  Treasurer  and  request  him  to  release  payment  on  the 
check. 

45.  Check,  issuing  duplicate. — After  the  expiration  of    six 
months  from  the  date  of  a  lost  or  stolen  check,  a  duplicate  may  be 
issued  in  the  case  of  a  check  drawn  for  more  than  fifty  dollars,  and 
after  the  expiration  of  thirty  days  in  the  case  of  a  check  drawn  for 
fifty  dollars  or  less.     Before  a  duplicate  check  is  issued  the  payee 
shall  furnish  a  bond  of  indemnity  on  Form  1343.     The  bond  should 
be  executed  in  accordance  with  the  printed  directions  thereon  and 
special  attention  is  directed  to  the  last  sheet  on  the  bond,  where  the 
addresses  of  witnesses  should  be  entered.     The  bond  must  be  ac- 
companied by  an  affidavit  of  the  payee  or  the  person  losing  the  check, 
stating  how  the  check  was  lost.     The  bond  and  affidavit  should  be 
forwarded  to  the  Director  with  the  duplicate  check.     A  special  fis- 
cal agent  may  request  of  the  depositary  a  few  checks  (a  half  dozen) 
for  issuing  duplicate  checks  so  as  not  to  interrupt  the  serial  num- 
bers in  his  check-book.     When  a  duplicate  check  is  drawn,  a  red 
line  should  be  run  through  the  printed  number  on  the  check  and 
the  original  check  number  inserted  and  the  word  "Duplicate"  should 
be  written  in  red  ink  across  the  face  of  the  check.     After  a  du- 
plicate check  has  received  the  proper  endorsement  of  the  Treasury 
Department  officials,  it  will  be  returned  to  the  special  fiscal  agent 
for  transmission  to  the  owner.     If  an  original  check  is  recovered 
after  the  issue  of  its  duplicate,  it  should  be  forwarded  to  the  Secre- 
tary of  the  Treasury,  Division  of  Public  Moneys,  for  cancellation 
and  filing  with  the  bond.     Paragraph  three  of  the  instructions  on 
the   form  of  bond  of  indemnity  provides  that  the  affidavit  and 
bond  must  be  furnished  by  the  party  in  interest,  and  this  party  may 
be  either  the  payee  or  any  subsequent  endorser.     The  affidavit  must 
clearly  set  forth  the  facts  in  the  case  and  contain  such  information 
as  will  enable  the  proper  officers  of  the  Treasury  Department  to  de- 
termine ownership  of  the  check.     The  duplicate  check  must  be  pre- 
pared in  same  manner  as  original.     Endorsements  are  not  required. 
The  Treasury  Department  determines  from  the  evidence  submitted 


SPECIAL   FISCAL   AGENTS.  343 

the  person  to  whom  payment  should  be  made  and  endorses  such  con- 
clusions on  the  duplicate  check. 

46.  Forged  checks,  recovery  of  money  on. — Upon  the  affida- 
vit of  the  payee  that  an  endorsement  of  his  name  on  an  official 
check  is  a  forgery,  the  money  paid  on  the  check  may  be  recovered, 
even  if  it  has  been  paid  by  the  depositary.     The  bank  first  cashing 
the  check  will  be  the  loser.     The  affidavit  should  be  sent  to  the  de- 
positary.    Upon  notification  from  the  Treasurer  that  the  amount 
of  the  check  has  been  reclaimed  and  deposited  to  the  credit  of  the 
reclamation  fund,  a  new  account  may  be  stated,  on  the  face  of 
which  proper  reference  to  the  old  account  should  be  made  for  the 
information  of  the  auditing  officials.     When  properly  certified  and 
approved,  the  account  may  be  paid  by  any  fiscal  agent  in  like  manner 
as  original  accounts. 

47.  Checks  signed  by  a  special  fiscal  agent  no  longer  in  the 
Service,  loss  of. — "In  the  case  of  the  loss  of  a  check  issued  by 
a  special  fiscal  agent  who  is  no  longer  in  the  Service,  the  affidavit 
and  bond  required  of  the  owner  of  the  check  prior  to  the  issue  of  the 
duplicate  thereof,  should    be  forwarded  to  the  Secretary    of  the 
Treasury,  who  will  refer  them  to  the  proper  accounting  officer  and 
for  statement  of  an  account  in  favor  of  the  owner  of  the  said 
check.     Whenever  such  an  account  shall  have  been  stated,  and  an 
officer  or*  agent  charged  with  the  amount  of  said  lost  check,  the  ac- 
counting officer  will  notify  the  Secretary  of  the  Treasury,  in  order 
that  the  amount  of  the  check,  if  remaining  to  the  credit  of  the  offi- 
cer or  agent  in  any  United  States  depositary,  may  be  repaid  into  the 
Treasury  and  carried  to  his  credit  and  to  the  credit  of  the  proper 
appropriation."      (Instructions   on   Treas.    Dept.   Form   1343,   ed. 
March  18,  1911.) 

48.  Collections,  bills  for. — All  amounts  received  should  be 
represented  by  bills  for  collection.     Each  amount  received  will  us- 
ually be  covered  by  a  bill  stated  in  the  name  of  the  person  making 
payment.     Exceptions  to  this  are  (a)  to  collect  amounts  received 
for  sales  at  mercantile  stores;  (b)  to  collect  amounts  received  for 
store  coupons,  meal  tickets,  or  other  forms  of  credit;  (c)  to  collect 
amounts  received  for  sales  at  public  auction  or  other  occasional 
sales  that  may  have  been  ordered;  and  (d)  to  collect  such  miscel- 
laneous receipts  as  for  meals,  horse  feeds,  etc.,  which  are  neces- 
sarily held  by  employees  for  short  periods  and  covered  in  by  them 


344  RECLAMATION     SERVICE     MANUAL. 

in  total.     In  such  cases  bills  will  be  stated  against  employees  in- 
stead of  the  actual  payers.      (See  also  COLLECTIONS.) 

49.  Checks,  collections  on. — No  allowance  will  be  made  to 
any  special  fiscal  agent  for  expenses  charged  for  collecting  money 
on  checks. 

50.  Depositaries. — A   special  fiscal  agent   should  select  the 
depositary  most  convenient  to  the  project  on  which  he  is  located. 
For  depositing  collections  on  account  of  repayments  to  the  recla- 
mation fund,  the  following  national  banks  and  other  depositaries 
are  suggested  for  such    use:    Arizona,  Phoenix    National    Bank, 
Phoenix;  California,  Assistant  Treasurer,  U.  S.,  San  Francisco; 
Colorado,  First  National  Bank,  Montrose,  First    National    Bank, 
Pueblo ;  Idaho,  Boise  City  National  Bank,  Boise ;  Montana,  Yellow- 
stone National  Bank,  Billings,  First  National  Bank,  Great  Falls, 
State  National  Bank,  Miles  City;  Nebraska,  First  National  Bank, 
Omaha;  Nevada,  Farmers  &    Merchants    National  Bank,    Reno; 
New  Mexico,  First  National  Bank,  Roswell;  North  Dakota,  Citi- 
zens' National  Bank,  Williston ;  Oregon,  First  National  Bank,  Port- 
land ;  South  Dakota,  First  National  Bank,  Deadwood ;  Texas,  First 
National  Bank,  El  Paso;  Utah,  Deseret  National  Bank,  Salt  Lake 
City;  Washington,  First  National  Bank,  North  Yakima,  Exchange 
National  Bank,  Spokane;  Wyoming,  First  National  Bank,  Chey- 
enne. 

51.  Remittances. — The  amount  of  money  belonging  to  the 
United  States  collected  by  a  special  fiscal  agent  should  be  remitted 
in  full  to  the  depositary.     If  a  draft  or  money  order  is  purchased, 
the  cost  thereof  should  be  paid  on  a  regular  purchase  voucher.     All 
collections  in  the  form    of  commercial    paper,  as  checks,  drafts, 

I  money  orders,  should  be  endorsed  by  the  special  fiscal  agent  and 
I  transmitted  direct  to  the  depositary  for  collection,  either  by  regis- 
l^ered  mail  or  express.  Drafts  covering  their  amounts  should  not 
•_V  be  purchased  at  local  banks.  Such  drafts,  if  secured,  should  be  for 
cash  items  only. 

Remittances  of  collections  by  special  fiscal  agents  to  depositaries 
for  deposit  to  the  credit  of  the  Treasurer  of  the  United  States  on 
account  of  repayments  to  the  reclamation  fund  should  be  accom- 
panied by  a  letter  in  the  following  form : 

Transmitted  herewith  is 

described  as  follows  : .  . 


SPECIAL   FISCAL  AGENTS.  345 


I  respectfully  request  that  the  same  be  deposited  to  the 
credit  of  the  Treasurer  of  the  United  States,  on  account  of 
repayment  to  the  reclamation  fund,  under  the  act  of  March 
3,  1905  (32  Stat  L.,  1032). 

Please  forward  to  me  duplicate  certificate  of  deposit  for 
the  amount. 


52.  Records    required.— Each    special    fiscal    agent    should 
maintain  a  "Record  of  fiscal  transactions"  in  a  special  binder  and 
should  assemble  therein  each  month  the  following  records  arranged 
in  the  order  indicated : 

(a)  Register  of  checks,  Form  7-403 ; 

(b)  Statement  of  disbursing  account,  Treasury  Form  145; 

(c)  Abstract  of  disbursements,  Form  7-404; 

(d)  Abstract  of  collections,  Form  7-405; 

(e)  Auxiliary  accounts  for  10th,  20th  and  last  of  month,  Form 

7-408. 

At  the  end  of  the  quarter  a  copy  of  the  account  current,  Form 
7-400,  should  be  inserted.  The  first  two  records,  register  of  checks 
and  statement  of  disbursing  account,  will  set  out  fully  the  transac- 
tions in  and  condition  of  the  special  fiscal  agent's  account  with 
each  depositary,  commonly  known  as  the  accounts  for  funds  to  his 
"official  credit."  The  four  records,  abstract  of  disbursements,  ab- 
stract of  collections,  auxiliary  accounts  and  account  current,  will  set 
out  fully  the  transactions  in  and  condition  of  the  special  fiscal 
agent's  account  with  the  United  States,  commonly  known  as  his 
"personal  account,"  and  including  all  trust  funds  whether  carried 
in  cash  or  on  deposit  with  designated  depositaries.  These  records 
should  all  be  made  and  retained  during  the  period  of  activity  as 
special  fiscal  agent  and  should  then  be  filed  in  the  local  project 
office  or  in  the  office  of  the  Director,  according  to  instructions  then 
to  be  given.  Other  records  are  unnecessary  and  are  not  permitted. 

53.  Transactions    covered    by    accounts. — All    transactions 
coming  within  the  period  covered  by  an  account  shall  be  reported 
therein.     No  payments  not  actually  made  or  collections  for  which 
certificates  of  deposit  have  not  been  received  during  the  period  of 
an  account  shall  be  included  therein,  unless  the  amount  represented 
by  such  collections  is 'shown  as,  "remitted  for  deposit,  certificates 


346  RECLAMATION     SERVICE     MANUAL. 

not  yet  received"  or  "cash  in  office  safe  or  otherwise  kept  and  not 
yet  remitted  for  deposit." 

54.  Collections,  reporting  on  account  current. — When    the 
account  current  is  prepared  there  should  be  taken  up  only  such 
collections  as  have  been  reduced  to  lawful  money  or  for  which  cer- 
tificates of  deposit  have  been  received  from  the  depositary.     Any 
items  of  commercial  paper  in  process  of  collection  should  be  elimi- 
nated from  the  amount  reported.     As  these  items  are  included  in 
the  items  listed  on  monthly  schedules  of  collection  it  will  be  neces- 
sary to  prepare  and  transmit  with  the  account  current  a  list  of  col- 
lection numbers  and  amounts  appearing  on  schedules  which  are 
omitted  from  the  account  current.     Likewise  items  reduced  to  col- 
lection during  the  current  quarter  that  were  eliminated  from   the 
account  currents  for  prior  quarters  should  be  taken  up  in  a  separate 
item  on  the  account  current  and  listed  on  the  regular    form    of 
schedule  of  collections. 

55.  Balances,   analyses  of. — The   balances   of   accounts    ac- 
knowledged by  special  fiscal  agents  and  their  analyses  thereof  must 
actually  represent  the  state  of  their  business  at  the  close  of  the  last 
day  for  which  the  accounts  are  rendered.     They  must  so  order  their 
business  that  they  may,  when  called  upon -so  to  do,  close  their  ac- 
counts and  analyze  their  acknowledged  balances. 

ifj  56.  Balances  computed  from  check  register. — If  special  fis- 
cal agents  do  not  for  any  reason  receive  the  monthly  statements 
rendered  by  depositaries  in  time  to  analyze  their  balances  in  the 
manner  contemplated  by  the  standard  form  of  account  current 
prescribed  by  Treasury  Department  Circular  No.  46,  dated  May 
24,  1906,  they  should  not  delay  the  rendition  of  their  accounts  so 
as  to  make  them  delinquent,  but  should  compute  their  net  balances 
from  their  register  of  checks  issued  stating  that  such  balances  are 
so  computed  and  reporting  the  cause  of  their  failure  to  compute 
such  balances  in  the  prescribed  manner.  When  special  fiscal  agents 
report  delay  on  the  part  of  depositaries  in  making  the  required 
statements  the  auditor  will  in  turn  report  the  facts  to  the  Secretary 
of  the  Treasury  for  appropriate  action. 

57.  Subsidiary  cash  accounts. — Each  special  fiscal  agent 
drawing  official  checks  to  obtain  cash  for  making  cash  payments 
should  render  with  his  account  current  a  subsidiary  cash  account, 
the  balance  of  which  should  agree  or  be  reconciled  with  his  cash 


FISCAL  AGENTS.  347 

on  hand  as  shown  by  his  analysis  of  balances  transmitted  with  his 
account. 

58.  Statements   of   the   Treasurer. — The    Treasurer    of   the 
United  States  renders  monthly  statements  to  officers  having  public 
funds  on  deposit.     Statements  will  be  rendered  to  officers  having 
public  funds  on  deposit  upon  the  request  of  the  said  officers  to  en- 
able them  to  close  their  accounts  and  to  inspecting  and  administra- 
tive officers  upon  their  request  when  engaged  in  duly    authorized 
inspection  of  accounts.     These  statements  show  a  full  and  true  ac- 
count, including  the  date,  number  and  amount  of  each  check  paid, 
and  the  date  and  amount  of  each  item  placed  to  the  officers'  official 
credit  during  the  period  of  such  statement.     The  said  statements 
are  rendered  to  officers  in  time  for  them  to  use  the  information 
contained  therein  in  analyzing  their  balances  in  the  manner  pro- 
vided by  the  standard  account  current  form  prescribed  by  Treas- 
ury Department  Circular  No.  46,  dated  May  24,  1906.     Copies  of 
the  statements  herein  described  are  forwarded  to  the  Secretary  of 
the  Treasury   (Division  of  Public  Moneys)    accompanied  by  the 
paid  checks  scheduled  therein,  except  checks  drawn  prior  to  Oc- 
tober 1,  1907,  -which  will  be  retained  by  the  depositary.     With  the 
copies  of  statements  and  the  paid  checks  are  forwarded  a  list  of 
balances  standing  to  the  official  credit  of  disbursing  and  other  offi- 
cers of  the  United  States.     To  prevent  fraud  or  the  misuse  of  paid 
checks  the  Treasurer  immediately  upon  the  payment  of  a  check, 
marks,  stamps  or  otherwise  plainly  indicates  thereon  the  fact  of 
its  payment. 

59.  Statement  of  disbursing  account    from  the    Treasurer, 
checking  of. — Upon  receipt  of  a  statement  of  a  disbursing  ac- 
count from  the  Treasurer  showing  checks  paid  during  the  month, 
the  entries  thereon  should  be  immediately  checked  with  the  special 
fiscal  agent's  records  and  verified,  and  the  receipt  with  proper  nota- 
tions should  be  signed  and  returned  to  the  proper  official.     In  check- 
ing a  statement,  strict  attention  should  be  paid  to  the  dates,  num- 
bers and  amounts  of  checks  paid  by  the  Treasurer,  and  it  should 
be  ascertained  that  these  items  correspond  with  the  entries  in  the 
register   of   checks.     Balances   carried   forward   and   new   credits 
should  also  be  carefully  checked  to  note  that  they  correspond  with 
the  special  fiscal  agent's  record  as  to  dates,  amounts  and  the  num- 
bers of  warrants. 


348  RECLAMATION     SERVICE     MANUAL. 

60.  Accounts,  administrative  examination  of. — Administra- 
tive examination   is  demanded  by  every  consideration  of   public 
policy  and  good  administration  and  the  administrative  recommen- 
dation deserves  the  greatest  consideration.     The  administrative  of- 
fice, with  the  better  knowledge  of  the  facts  of  a  case,  should  advise 
the  accounting  officers  so  as  to  aid  them  in  a  proper  settlement,  and 
those  officers  should  hesitate  to  make  an  allowance  contrary  to 
administrative  recommendation.     But  whether  administrative  ex- 
amination results  in  approval  or  disapproval,  in  whole  or  in  part, 
or  in  neither  approval,  disapproval,  nor  any  recommendation  what- 
soever, the  jurisdiction  of  accounting  officers  to  make  final  settle- 
ment is  exclusive  (7  Compt.  Dec.,  308),  and  their  action  is  con- 
clusive upon  the  executive  branch  of  the  Government  (28  Stat.  L., 
207).     Special  fiscal  agents  should  give  careful  consideration  to 
letters  from  the  Director  requesting  additional  information  con- 
cerning their  accounts  even  though  the  request  appears  to  them  of 
little  importance. 

61.  Examination  by  auditors  of  the  Treasury  Department. 
— A  full  explanation  of  the  treatment  of  disbursing  officers'    ac- 
counts in  the  offices  of  the  auditors  of  the  Treasury  Department 
together  with  important  instructions  to  disbursing  officers  is  con- 
tained in  Treasury  Department  Circular  No.  52,  and  "Information 
relating  to  the  Accounting  System  of  the  United  States  Treasury 
Department,  May,  1905." 

62.  Accounts  allowed  when  checks  are  not  received. — When, 
in  the  examination  of  accounts,  the  auditor  finds  vouchers  claimed 
to  have  been  paid  by  checks  and  such  checks  have  not  been  re- 
ceived by  him  and  such  vouchers  are  otherwise  correct,  he  will 
allow  them,  provided  that  the  verified  analysis  of  balance  shows  suf- 
ficient funds  with  the  Treasurer  to  meet  such  and  all  other  checks 
shown  by  the  account  to  have  been  drawn  against  the  funds  on  de- 
posit. 

63.  Public  moneys,  safe  keeping  and  disposition    of. — The 
auditor  will,  when  examining  accounts  of  special  fiscal  agents  in 
conjunction  with  depositaries'   statements  and  paid  checks,   note 
failures  to  comply  with  the  laws  and  regulations  governing  the  safe- 
keeping and  disposition  of  public  moneys  and  when  the  auditor 
has  not  ample  means  at  his  command  to  rectify  such  failures  he  will 
report  the  case  to  the  Secretary  of  the  Treasury,  Division  of  Pub- 
lic Moneys. 


SPECIAL,   FISCAL,  AGENTS.  349 

64.  Cash,  carrying. — The  auditor  will,  in  the  examination  of 
subsidiary  cash  accounts  and  analyses  of  balances,  report  to  the 
Secretary  of  the  Treasury  cases  in  which  disbursing  officers  carry 
an  unnecessary  amount  of  cash.     Whenever  feasible,  administrative 
officers  should  require  special  fiscal  agents  at  the  close  of  business 
on  the  last  day  of  periods  for  which  they  are  required  to  render 
accounts  to  count  and  schedule  in  the  presence  of  a  duly  authorized 
and  disinterested  witness  or  witnesses  all  items  of  cash,  memoran- 
dum payments'  and  other  items  appearing  in  their  analyses  of  bal- 
ances for  which  vouchers  are  not  submitted  to  the  auditor  with  the 
account-current.      Such   duly  authorized   witnesses   should  verify 
the  counts  and  schedules  and  certify  to  such  fact  on  the  account 
current. 

65.  Auditor's  statement  of  differences,  letter  of  explanation 
relating  to. — In  the  letter  of  explanation  relating  to    a  state- 
ment of  differences  made  in  the  examination  and  settlement  of  a 
quarterly  account  in  the  Treasury  Department  the  special  fiscal 
agent  should  refer  to  the  account  by  the  period  covered  and  the 
auditor's  certificate  number  and  date.     Each  settlement  of  an  ac- 
count should  be  explained  in  a  separate  communication  so  that  the 
explanations  may  be  filed  with  the  certificate  of  final  settlement. 
The  introductory  sentence  of  the  letter  of  explanation  should  be  in 
the  following  form :  "Herewith  are  submitted  explanations  relating 
to  the  items  suspended  in  my  account  as  special  fiscal  agent  for  the 
quarter  ended ,  19 .  . ,  as  stated  in  the  auditor's  cer- 
tificate No ,  dated "     This  statement 

should  be  followed  with  explanations  relating  to  the  items,  each 
separately  and  in  regular  order,  referring  to  the  voucher  number 
and  giving  the  amount  claimed  under  each  item.     Explanations 
should  answer  fully  and  specifically  all  questions  asked  by  the  au- 
ditor and  all  objections  raised  by  him  to  the  allowance  of  any  item, 
and  so  far  as  possible  all  the  items  suspended  in  an  account  should 
be  explained  at  the  same  time.     Items  that  the  special  fiscal  agent 
is  willing  to  have  disallowed  without  further  explanations  should 
be  followed  by  the  word  "conceded." 

66.  Suspensions. — All  explanations  of  items   suspended    by 
the  auditor  should  be  promptly  prepared  and  addressed  to  him  and 
mailed  in  duplicate  to  the  Director  so  as  to  reach  the  auditor,  if 
possible,  not  later  than  thirty  days  after  settlement  of  the  related 
account.     Where  explanations  of  suspended  items  are  not  received 


350  RECLAMATION     SERVICE     MANUAL. 

within  a  reasonable  time  from  the  date  of  settlement  of  an  account, 
and  no  satisfactory  reason  appears  for  the  delay,  it  will  be  assumed 
that  the  special  fiscal  agent  has  no  sufficient  explanation  to  make  and 
the  items  will  be  disallowed. 

67.  Disallowances. — Explanations    of   items    disallowed    by 
the  auditor  can  be  given  consideration  only  by  the  Comptroller  of 
the  Treasury.     It  is  useless  to  explain  disallowances  to  the  auditor, 
as  they  have  passed  beyond  his  jurisdiction.     A  request  for  the  re- 
vision of  an  account  should  be  made  directly  to  the  Comptroller 
and  in  all  cases  within  one  year  from  the  date  of  settlement  of  the 
account.      (See  COMPTROLLER,  DECISIONS  OE. )     All  conceded  dis- 
allowances should  be  taken  up  on  the  regular  form  of  collection 
voucher  (Form  7-460).     The  practice  of  deducting  conceded  and 
disallowed  amounts  from  subsequent  vouchers  stated  in  favor  of 
claimants  from  whose  vouchers  the  disallowances  were  made  is  not 
approved  of  by  the  auditor.     When,  however,  this  method  is  neces- 
sary to  secure  reimbursement  of  the  amount  disallo\ved,  overpay- 
ments deducted  from  subsequent  vouchers  should  be  conceded  in 
the  accounts-current,  and  credit    should  be  claimed    for  the    full 
amount  of  the  voucher  from  which  such  overpayment  or  disallow- 
ance is  deducted. 

68.  Disallowances,  appeal    from. — Where    a    special    fiscal 
agent  "voluntarily  repaid  the  amount  disallowed  he  must  be  held 
to  have  abandoned  his  right  to  have  a  revision  of  the  account  as 
to  said  items  by  this  office.     The  disallowances  having  been  made 
by  the  auditor,  two  courses  were  open  to  him.     He  could  repay  the 
amount  disallowed     *     *     *     or  he  could  refuse  to  repay  and 
appeal  to  this  office  for  a  revision.     He  can  not,  however,  be  al- 
lowed to  do  both.     The  amount  disallowed  having  been  repaid  by 
him,  he  can  not  further  question  it  before  the  accounting  officers 
in  the  account  involved."     (12  Compt,  158,  159.) 

69.  Money  papers,  description  of. — Information  relative  to 
disbursements,  disallowances,  etc.,  will  be  found  in  "Information 
relating  to  the  Accounting  System  of  the  United  States  Treasury 
Department,  May,  1905."     The  forms  in  use  for  reporting  fiscal 
transactions  of  the  Service  are  as  follows:  Form  7-400,  Account 
current;  Form  7-401,  Report  of  receipt  of  accounts  current;  Form 
7-403,  Register  of  checks;  Form  7-404,  Schedule  of  disbursements; 
Form  7-405,  Schedule  of  collections;  Form  7-408,  Auxiliary  ac- 
count; Form  7-409,  Requisition  for  funds. 


SPECIAL  FISCAL  AGENTS.  351 

70.  Accounts  current^  Form  7-400. — The  instructions  printed 
on  Form  7-400  should  be  carefully  followed,  particular  attention 
being  given  to  the  analysis  of  the  balance  due  the  United  States  as 
the  depositary  carries  only  one  account  with  each  special  fiscal  agent 
under  his  several  bonds  and  designations.  The  account  current  is 
the  consolidated  report  of  all  of  the  transactions  of  the  special 
fiscal  agent  for  the  period  covered  by  the  account.  It  should  be 
rendered  at  the  close  of  business  on  the  last  day  of  March,  June, 
September  and  December  and  on  the  last  day  of  transactions  when 
closing  out  accounts  under  any  bond.  It  should  include  the  net 
balance  from  the  last  previous  account  current,  the  gross  amounts 
of  the  transactions  during  the  period  covered  by  the  account  and 
the  final  balance  at  the  close  of  the  period  with  a  reconciliation  of 
such  balance  with  the  last  statement  of  the  disbursing  account  re- 
ceived from  the  depositary.  The  account  current  should  be  com- 
pleted as  soon  as  practicable  after  the  close  of  the  quarter  and  the 
receipt  of  the  depositary  statement  for  the  month  ending  the  quar- 
ter. (See  paragraph  14,  Treasury  Dept.  Circular  No.  52.) 
Vouchers,  schedules  of  disbursements  and  collections  and  auxiliary 
accounts,  should  be  transmitted  on  the  last  day  of  the  month  or  as 
soon  thereafter  as  possible.  Special  fiscal  agents  under  bond,  but 
not  disbursing,  should  likewise  transmit  an  account  current  each 
quarter.  The  date  of  officialbond  must  be  shown  on  all  accounts 
current.  Under  the  act  of  July  31,  1894  (28  Stat.  L.,  209)  the  ac- 
count current  must  be  transmitted  to  the  Director  to  be  reported  to 
the  auditor  within  twenty  days  from  the  end  of  the  period  covered 
or  the  special  fiscal  agent  will  be  reported  to  the  auditor  as  delin- 
quent. In  case  of  unavoidable  delay,  a  full  explanation  shall  be 
made  by  the  special  fiscal  agent  to  the  Secretary  of  the  Treasury. 
This  letter  of  explanation  regarding  delinquency  should  be  sent 
through  the  Director's  office,  so  that  the  proper  endorsement  may 
be  added  before  it  goes  to  the  Treasury,  thus  avoiding  the  delay 
of  having  the  letter  returned  to  this  office  before  the  Treasury  will 
take  action.  No  additional  funds  can  be  placed  to  the  credit  of  a 
special  fiscal  agent  until  the  charge  of  delinquency  against  him  has 
been  removed  by  authority  of  the  Secretary  of  the  Treasury.  If 
the  statement  of  disbursing  account  for  the  last  month  of  a  quarter 
is  not  received  in  time  to  submit  the  account  current  prior  to  the 
twentieth  day  of  the  month  following  the  close  of  the  quarter,  the 


352  RECLAMATION     SERVICE     MANUAL. 

account  current  should  be  forwarded  on  such  date,  using  the  last 
statement  of  disbursing  account  received  for  entries  under  items 
10  to  14,  inclusive.  Upon  receipt  of  the  delayed  depositary  state- 
ment, it  should  be  checked  and  a  certificate  or  statement  prepared 
and  forwarded  for  filing  with  the  account  current  giving  revised 
figures,  items  10  to  14,  inclusive,  as  of  the  last  day  of  the  quarter, 
to  facilitate  settlement  by  the  auditor.  Carbon  copies  of  all  cor- 
respondence with  the  Secretary  of  the  Treasury,  the  assistant  treas- 
urers, and  other  designated  depositaries,  and  with  the  Auditor,  shall 
be  sent  to  the  Director.  Prompt  explanations  should  be  made  in 
response  to  auditor's  settlements. 

71.  Report  of  receipt  of    accounts  current,  Form    7-401. — 
Form  7-401  is  used  in  the  office  of  the  Director  exclusively  in  ren- 
dering statements  to  the  Auditor  for  the  Interior  Department  at 
the  close  of  each  quarter  as  to  dates  on  which  accounts  current  were 
submitted  by  the  various  special  fiscal  agents  in  the  Reclamation 
Service  and  the  dates  on  which  such  reports  were  received  in  the 
Director's  office. 

72.  Register  of  checks,  Form  7-403.— (a)  This  record  should 
be  kept  with  pen  and  ink  by  the  special  fiscal  agent,  or  by  the  as- 
sistant who  may  in  any  particular  case  write  the  checks  for  him. 
Begin  a  new  sheet  each  month  for  the  transactions  with  each  de- 
positary where  funds  are  placed  to  official  credit,  entering  on  the 
first  line  the  total  amounts  of  checks  previously  drawn  and  of  ad- 
vances previously  placed  with  the   depositary  under   the  present 
bond,  and  the  balance  subject  to  check.     The  balance  must  equal  the 
difference  between  the  total  advances  and  total  of  checks.     The 
record  of  the  transactions  of  the  current  month  should  be  started 
on  the  line  representing  the  proper  number  considering  that  the 
first  line  is  always  for  check  number  one  or  fifty-one  of  the  current 
hundred. 

(b)  In  the  "Number"  column,  enter,  on  the  first  line  used  each 
month,  and  on  the  first  and  last  lines  of  each  succeeding  sheet  used 
during  the  month,  the  first  five  numbers  of  the  series  of  checks  in 
use.     To  show  the  intervening  tenth  numbers  insert  the  proper  fig- 
ure in  the  tens  place,  as  1,  2,  3,  and  4,  or  6,  7,  8,  and  9. 

(c)  In  the  "Date  19.  ."  column,  enter  the  last  two  figures  of  the 
current  year.     Show  the  month  and  date,  as  "Oct.  1."     This  need 
only  be  shown  opposite  the  first  check  drawn  each  day,  unless  more 
than  one  sheet  is  used  when  it  should  be  shown  on  the  first  line  of 


SPECIAL   FISCAL   AGENTS.  353 

each  succeeding  sheet.  Ditto  marks  should  be  used  for  showing 
the  date  for  the  intervening  and  succeeding  checks  drawn  on  that 
date. 

(d)  In  the  "Payee"  column,  enter  the  name  of  the  payee  in  ex- 
actly the  same  form  as  it  is  written  on  the  check. 

(e)  In  the  "Voucher  No."  column,  enter  the  number  of    the 
voucher  paid  by  that  particular  check.     If  two  or  more  vouchers 
are  paid  by  one  check,  enter  the  inclusive  numbers.     In  making 
payments  on  pay-rolls,  enter  voucher  and  item  number  after  the 
first  check  registered,  and  item  number  only  after  each  succeeding 
check  issued  in  payment  on  that  roll.     As  the  checks  issued  in  pay- 
ment of  open  pay-rolls  do  not  run  consecutively,  it  will  be  necessary 
to  show  both  the  voucher  and  item  number  after  each  check  issued 
in  payment  of  such  rolls.     When  a  check  is  drawn  for  cash  to  ob- 
tain funds  for  disbursements  in  that  form,  enter  "Cash"   in  the 
voucher  number  column  without  any  reference  to  the  voucher  for 
which  the  cash  was  used  in  payment. 

(f)  In  the  "Amount"  column  for  checks,  enter  the  amount  of 
each  check  issued. 

(g)  In  the  "Amount"  column  for  advances,  enter  the  amounts 
received  on  requisitions  and  placed  to  official  credit  with  the  de- 
positary.    As  the  account  with  the  United  States  is  debited  with 
the  amount  on  the  date  that  the  Interior  civil  warrant  is  issued,  the 
entry  should  be  made  as  of  the  date  the  special  fiscal  agent  is  ad- 
vised by  the  Director  that  draft  has  been  or  will  be  mailed  to  the 
depositary. 

(h)  In  the  "Warrant  No."  column,  enter  the  number  of  the  war- 
rant on  receipt  of  the  "Receipt  for  deposit"  forwarded  by  the  de- 
positary. 

(i)  The  column  "Balances"  should  be  used  for  showing  the  daily 
and  monthly  balance,  which  are  represented  by  the  differences  be- 
tween the  total  amounts  of  checks  drawn,  as  shown  in  the  amount 
column  under  "Checks,"  and  funds  placed  to  the  official  credit,  as 
shown  in  the  amount  column  under  "Advances."  The  balances 
should  be  entered  opposite  the  first  and  last  checks  registered  on 
each  sheet  and  opposite  the  last  check  issued  each  day. 

73.  Disbursements,  abstract  of,  Form  7-404. — Duplicate 
copies  of  the  abstract  of  disbursements,  Form  7-404,  should  be 
transmitted  at  the  end  of  each  month.  Numbering  of  the  vouchers 


354  RECLAMATION     SERVICE     MANUAL. 

should  begin  with  1  at  the  commencement  of  each  fiscal  year,  or  at 
the  first  disbursement  thereafter. 

74.  Collections,     abstract    of,     Form     7-405. — Form     7-405 
should  be  prepared  for  collection  vouchers  in  a  manner  similar  to 
that  in  which  schedules  of  disbursements  are  prepared  for  disburse- 
ment vouchers. 

75.  Auxiliary  account,  Form  7-408. — (a)   An  auxiliary  ac- 
count on  Form  7-408  will  be  required  from  all  bonded  officers  who 
have  disbursement  funds  to  their  credit. 

(b)  The  auxiliary  account  should  be  rendered  for  the  10th,  20th 
and  last  day  of  each  month,  should  include  all  transactions  com- 
pleted during  the  period  covered  and  should  be  actually  mailed  not 
later  than  two  days  after  the  close  of  each  period.     All  open  pay- 
rolls should  be  completed  and  closed  at  the  ends  of  such  periods. 

(c)  Under  Item  1  should  be  listed  all  disbursement  vouchers 
covered  by  the  account.    Item  6  should  cover  all  collection  vouchers 
completed  during  the  period  covered.     Under  Item  2  should  be 
entered  the  certificates  of  deposits  received  during  the  period  cover- 
ing collections  deposited  as  repayments  to  the  Reclamation  Fund. 
Under  Item  7  are  placed  all  advances  to  official  credit.    Items  4  and 
5  cover  balances  carried  forward.     Proceeds  of  collections  which 
have  not  been  remitted  for  deposit,  or'  which  have  been  remitted 
and  for  which  certificates  of  deposit  have  not  been  received  are 
accounted  for  in  the  analysis  of  balance  and  under  heading  "Cash 
Account,"  in  the  appropriate  spaces  reserved  for  the  purpose. 

(d)  The  auxiliary  account  is  in  effect  an  account  current  and  the 
items  therein  are  the  same  as  those  that  appear  on  the  account  cur- 
rent and  should  be  similarly  treated.     The  numbered  paragraphs 
of  instructions  on  Form  7-400  apply  to  the  corresponding  items  on 
Form  7-408. 

(e)  The  analysis  of  the  balance  due  the  United  States  should  be 
prepared  along  the  same  lines  as  on  the  quarterly  account  current. 
The  last  "Statement  of  disbursing  account  received"  should  be  used 
by  the  special  fiscal  agent,  explaining  under  the  provided  heading 
the  difference  between  the  balance  to  his  official  credit  shown  there- 
on and  entered  as  Item  10  on  Form  7-408  and  the  actual  balance 
due  the  United  States  entered  as  Item  5  thereon. 

(f)  Proceeds  of  collections  and  proceeds  of  checks  on  the  de- 
positary to  be  used  in  making  cash  payments  should  be  separately 
stated  on  Form  7-408.     If  such  proceeds  are  held  on  hand  and 


SPECIAL   FISCAL   AGENTS.  355 

reported,  each  class  thereof  can  be  separately  stated  by  inserting 
its  amount  in  parentheses  and  extending  the  total. 

(g)  With  each  auxiliary  account  the  disbursement  and  collection 
vouchers  with  memorandum  copies  and  certificates  of  deposit  en- 
tered therein  should  be  transmitted  to  the  Director.  If  it  is  neces- 
sary to  send  such  vouchers  to  any  other  office  for  approval,  the 
name  of  the  officer  to  whom  they  are  sent  and  the  numbers  and 
amounts  of  the  vouchers  should  be  given  in  the  space  provided  at 
the  bottom  of  Form  7-408 ;  and  the  officer  should  be  asked  to  send 
them  to  the  Director  at  once. 

(h)  Advances  of  credit  should  be  requested  whenever  the  credit 
of  a  special  fiscal  agent  is  reduced  by  $10,000  unless  the  needs  of 
the  project  are  such  as'  to  make  such  action  unnecessary.  The  aux- 
iliary account  is  intended  to  make  it  unnecessary  to  send  letters  or 
telegrams  asking  for  advances  of  credit,  except  in  emergencies.  See 
par.  14. 

(i)  In  order  to  have  the  full  amount  of  bond  available  for  dis- 
bursing (as  the  bond  covers  both  disbursements  and  collections) 
collections  should  be  deposited  promptly  with  the  nearest  depositary. 
^~7o.  Requisition  for  funds,  Form  7-409. — This  form  is  for  ex- 
clusive use  in  the  office  of  the  Director  in  making  requests  upon  the 
Secretary  of  the  Treasury,  through  the  Secretary  of  the  Interior, 
for  the  issue  of  accountable  warrants  placing  funds  with  the  Treas- 
urer to  the  official  credit  of  special  fiscal  agents. 

77.  Reclamation  deposit  account. — Under  date  of  December 
18,  1909,  the  Acting  Secretary  of.  the  Treasury,  in  a  letter  to  the 
Secretary  of  the  Interior,  authorized  the  opening  of  an  account  in 
the  Treasury  Department  to  be  known  as  the  "Reclamation  Deposit 
Account,"  to  receive  deposits  and  against  which  checks  should  be 
drawn  by  the  Special  Fiscal  Agent  at  Washington,  D.  C.  This 
account  creates  a  fund  in  the  nature  of  a  trust  fund,  in  which  is  to 
be  deposited  all  certified  checks  or  other  deposits  made  by  bidders 
to  insure  the  execution  of  a  contract  and  bond  in  case  their  bids 
are  accepted  and  contracts  awarded.  After  award  of  contract  and 
execution  of  bond  by  successful  contractor,  the  amount  deposited 
by  each  of  the  several  bidders  will  be  returned  by  check  against  this 
account  by  the  Special  Fiscal  Agent  at  Washington,  D.  C.  All 
moneys  deposited  in  this  account  are  placed  to  the  Special  Fiscal 
Agent's  official  credit.  The  Legal  Division  in  the  Director's  office 
will  prepare,  in  duplicate,  a  list  of  all  certified  checks  forwarded 


356  RECLAMATION     SERVICE     MANUAL. 

with  proposals,  indicating  thereon,  the  number  of  check,  bank  on 
which  it  is  drawn,  amount,  name  of  bidder,  and  address.  The  list, 
together  with  the  checks,  should  be  forwarded  to  the  special  fiscal 
agent  who  will  indicate  on  the  duplicate  copy  that  the  checks  have 
been  received  by  him  and  the  date  on  which  the  checks  will  be  de- 
posited. The  duplicate  list  will  be  returned  to  the  Legal  Division 
and  be  held  by  this  division  as  its  record  of  the  handling  of  the 
checks.  Upon  the  award  of  contract  and  satisfactory  bond  filed, 
the  Legal  Division  will  notify  the  special  fiscal  agent  in  writing  to 
refund  the  proceeds  of  checks  deposited  by  him  to  such  bidders  as 
may  be  deemed  entitled  thereto.  Upon  forfeiture  occurring  by 
reason  of  a  bidder  refusing  to  accept  contract  when  award  is  made 
to  him,  or  otherwise  fail  to  perform  his  agreement,  a  collection 
voucher  for  the  amount  of  the  forfeiture  will  be  prepared  by  the 
Legal  Division  against  the  bidder  and  forwarded  to  the  special  fiscal 
agent  who  shall  issue  a  check  for  the  amount  against  the  "Reclama- 
tion Deposit  Account"  and  deposit  same  with  the  Treasurer  U.  S. 
to  the  credit  of  the  Reclamation  Fund,  forwarding  a  receipt  for 
the  amount  to  the  bidder  in  question.  The  special  fiscal  agent  will 
maintain  a  register  of  all  checks  issued  against  this  account  and  a 
record  of  collections  made  by  him,  which  should  be  reported  in 
quarterly  accounts  current  under  the  title,  "Reclamation  Deposit 
Account." 

78.  Checks,  delivery  of. — Identification  of  the  person  to 
whom  a  check  is  given  should  be  required  in  every  case  before  the 
check  is  delivered.  When  improper  delivery  of  a  check  is  discov- 
ered and  the  person  to  whom  such  check  was  given  will  not  sur- 
render it  to  the  rightful  owner  or  the  special  fiscal  agent,  the  latter 
should  at  once  notify  the  depositary  upon  which  it  was  drawn  to 
stop  payment  thereon.  The  special  fiscal  agent  should  also  notify 
by  telephone,  messenger  or  by  circular  letter,  local  banks  and  mer- 
chants who  might  be  asked  to  cash  such  check.  The  responsibility 
of  the  special  fiscal  agent  ends  with  warning  the  public  of  the  error 
and  of  payment  being  stopped  on  the  check.  Since  each  subsequent 
endorsement  on  a  check  guarantees  the  previous  endorsement,  checks 
should  not  be  cashed  except  upon  proper  identification  of  the  parties 
presenting  them.  In  case  of  loss  arising  from  the  cashing  of  a 
check  upon  which  payment  has  been  stopped  the  loss  must  be  ad- 
justed by  the  parties  who  handled  the  check,  the  Government  being 
in  no  way  responsible.  The  long  lapse  of  time  required  by  law  be- 


SPECIAL   FISCAL,   AGENTS.  357 

fore  a  duplicate  check  may  be  issued  may  not  only  cause  great  in- 
convenience to  the  payee  but  financial  embarrassment  as  well.  Im- 
proper delivery  of  checks  should  therefore  be  carefully  guarded 
against  in  order  that  checks  may  reach  none  other  than  the  rightful 
owner.  Vouchers  for  check  payments  should  have  noted  thereon 
the  date,  number,  and  amount  of  the  check. 

79.  Payments. — All  vouchers  in  favor  of  employees  for  ser- 
vices and  for  reimbursement  for  expenses  and  all  purchase  vouchers 
not  exceeding  $500  in  which  there  is  no  element  of  uncertainty 
should  be  paid  by  the  local  special  fiscal  agent.  All  purchase 
vouchers  or  other  bills  of  $500  or  more  may  be  paid  by  the  local 
special  fiscal  agent  or  sent  to  the  Director  according  to  the  urgency 
for  making  prompt  payment,  consideration  being  had  as  to  whether 
such  payments  will  so  reduce  the  special  fiscal  agent's  available 
funds  as  to  interfere  with  his  making  other  and  more  urgent  pay- 
ments. New  credits  should,  if  needed,  be  asked  for  every  ten  days, 
when  the  auxiliary  account  is  rendered  on  Form  7-408.  Successive 
payments  or  direct  settlements  on  contracts  that  provide  for  periodic 
payments  upon  cumulative  estimates,  covering  all  work  done  or 
supplies  furnished  from  the  beginning,  with  deductions  for  hold- 
backs and  previous  payments  should  only  be  made  by  the  special 
fiscal  agent  or  auditor  who  has  made  all  previous  payments  thereon. 
All  claims  of  a  doubtful  nature  in  which  there  is  an  element  of  un- 
certainty should  be  sent  to  the  Director.  Special  fiscal  agents 
should  not  attempt  to  settle  for  damages  or  torts,  whether  large  or 
small.  Claims  of  this  kind  which  cannot  properly  be  taken  up  as 
personal  services  or  purchases  must  not  be  settled  by  special  fiscal 
agents  but  should  be  sent  to  the  Director  for  consideration.  (See 
alsq  CLAIMS  AND  ACCOUNTS.) 

"eO.  Payments  involving  consideration  of  law. — Questions  of 
payment  involving  considerations  of  law  which  cannot  be  deter- 
mined by  the  special  fiscal  agents  by  reference  to  Comptroller's  de- 
cisions directly  in  point,  should  be  referred  to  the  supervising  en- 
gineer, where  they  can  be  given  attention  by  the  examiner.  If 
there  still  remains  a  doubt  they  should  be  referred  to  the  Director, 
with  a  report  by  the  examiner  and  a  recommendation  by  the  super- 
vising engineer.  The  special  fiscal  agent,  however,  is  not  bound  by 
the  opinion  of  the  examiner  in  the  supervising  engineer's  office  nor 
by  advice  from  the  Director's  office  if  in  his  opinion  there  is 
doubt  as  to  the  legality  of  the  payment.  In  such  cases  the  question 


358  RECLAMATION     SERVICE     MANUAL. 

should  be  referred  to  the  Comptroller  for  an  advance  decision. 
(See  COMPTROLLER,  DECISIONS  OF.)  This  will  usually  be  secured 
by  the  Secretary  of  the  Interior  upon  request  by  the  Director  when 
a  question  is  presented  for  decision  which  involves  possible  loss  un- 
der a  special  fiscal  agent's  bond. 

81.  Freight  or  express  paid  on  expense  accounts  and  pur- 
chase vouchers. — Claim  for  credit  on  account  of  payment  of 
express  or  freight  charges  when  made  on  an  expense  account  or 
purchase  voucher  must  be  substantiated  by  the  express  or  railroad 
company's  original  expense  bill,  properly  receipted,  showing  weight, 
rate,  points  to  and  from,  kind  of  property,  etc.,  with  statement  as  to 
reasons  for  not  using  government  bill  of  lading.     Where  doubt 
exists  as  to  the  correctness  of  the  amount  of  such  freight  or  express 
charges  when  claimed  on  an  expense  account  the  matter  should  be 
referred  to  the  transportation  office  and  reply  received  prior  to  pay- 
ment of  the  account,  or  the  item  may  be  stricken  from  the  account 
and  payment  subsequently  made  when  the  matter  is  adjusted,  ap- 
propriate notation  being  made  on  both  accounts  as  to  such  action. 
As  to  similar  adjustments  on  purchase  vouchers,  see  pars.  13  and 
22  of  this  chapter. 

82.  Funds  for  disbursement. — Requisition  for  advances    of 
funds  to  special  fiscal  agents  are  prepared  in  the  Director's  office, 
require  entry  and  approval  in  the  Interior  Department,  and  ex- 
amination, entry  and  issuance  of  warrant  in  the  Treasury  Depart- 
ment.    Care  should  be  used  to  anticipate  needs  sufficiently  so  that 
it  will  not  be  necessary  to  make  requisitions  special.     In  order  to 
do  this  special  fiscal  agents  are  expected  to  observe  the  following : 

(a)  On  projects  where  the  expenditures  are  large  bonded  relief 
officers  shall  keep  funds  to  their  credit  to  assist  in  disbursing  in  case 
of  emergency. 

(b)  When  vouchers  involving  large  amounts  are  paid  they  should 
be  forwarded  at  once  to  the  Director's  office  with  a  request  for 
funds,  and  should  not  be  held  to  accompany  the  statement  at  the  end 
of  the  10  day  period. 

(c)  When  urgent  necessity  arises  for  immediate  additional  credit 
some  person  known  officially  in  the  Director's  office  other  than  the 
special  fiscal  agent  may  certify  by  telegraph  that  vouchers  aggregat- 
ing a  certain  amount  have  been  paid  and  are  being  transmitted  on  the 
day  the  telegram  is  sent,  requesting  further  advance  to  the  special 


SPECIAL   FISCAL   AGENTS.  359 

fiscal  agent.  In  this  case  requisition  will  be  immediately  prepared 
and  transmitted  through  the  usual  course,  and  much  time  will  be 
saved. 

83.  Discretion  to  be  used  in  making  disbursements. — The 
special  fiscal  agent  is  responsible  under  his  bond  for  the  proper  and 
legal  handling  of  moneys  of  the  United  States.  He  is  under  the 
general  direction  of  the  chief  clerk  and  project  engineer  as  regards 
all  duties  of  a  clerical  nature,  but  not  in  matters  relating  to  his  re- 
sponsibility under  his  bond.  The  engineer  in  charge  has  no  right  or  \ 
authority  to  urge  or  insist  that  he  make  any  payment  which  is  not 
believed  to  be  proper  and  legal  by  the  special  fiscal  agent.  The  engi- 
neer in  charge  cannot  dictate  in  such  matters.  The  most  that  he  can 
do  is  to  request  the  special  fiscal  agent  to  secure  a  decision  from  the 
Comptroller  in  advance  of  payment  (See  4  Comp.  Dec.,  332;  8  Id. 
651),  or  give  a  personal  written  guarantee  that  if  his  wishes  are  fol- 
lowed he  will  relieve  the  special  fiscal  agent  from  all  financial  and 
moral  responsibility.  On  the  other  hand  if  the  disbursing  agent  be 
over  cautious,  dilatory  or  inclined  to  be  captious  in  small  matters 
appropriate  recommendation  for  transfer,  demotion,  or  separation 
from  the  Service  should  be  made  by  the  engineer,  giving  a  full  state- 
ment of  conditions,  and  furnishing  a  copy  of  the  statement  to  the 
special  fiscal  agent.  When  a  voucher  is  presented  to  the  special  fiscal 
agent  he  should  ask  himself  the  following  questions  and  be  governed 
accordingly : 

1.  Is  this  an  account  which  should  properly  be  paid  by  a  special 
fiscal  agent,  or  is  it  a  claim  against  the  Government  of  such  size  or 
character  that  it  should  go  to  the  Auditor  for  settlement?     (See 
CLAIMS  AND  ACCOUNTS.) 

2.  What  is  the  authority  for  making  the  payment?     Has  the 
work  previously  been  authorized  by  the  Secretary?     And  if  so,  is 
the  authority  contained  in  the  quarterly  estimates,  or  elsewhere? 

3.  Has  competition  been  secured,  and  if  not,  is  the  reason  given 
on  the  voucher  sufficient  in  view  of  the  law  and  the  Comptroller's 
requirements?     (See  ADVERTISEMENTS  AND  BIDS;  also  PURCHAS- 
ING.) 

4.  If  competition  has  been  had  do  the  prices  agree  with  the  ac- 
cepted bids? 

5.  Does  the  paper  record  show  a  proper  chronological  order  of 
procedure? 


%360  RECLAMATION     SERVICE     MANUAL. 

6.  Is  the  voucher  in  payment  of  a  written  contract  properly  exe- 
cuted, and  does  it  agree  with  the  wording  of  the  contract  in  all  par- 
ticulars ? 

7.  If  no  written  contract  has  been  entered  into,  is  the  reason 
clearly  stated  as  to  why  there  is  no  contract  ? 

.  Certificates  of  deposit,  disposition  of. — Certificates  of 
deposit  received  by  special  fiscal  agents  should  be  promptly  for- 
warded to  the  Director,  whether  the  deposits  have  been  made  to 
cover  collections,  disallowances,  collections  by  assistant  treasurer  to 
cover  fraudulent  endorsements,  or  fiscal  balances  in  closing  ac- 
counts. This  requirement  does  not,  however,  apply  to  receipts  is- 
sued by  depositaries  when  Treasury  warrants  are  placed  to  the  offi- 
cial credit  of  special  fiscal  agents. 

85.  Treasury  Department  circular  No.  52. — Special  fiscal 
agents  should  be  thoroughly  familiar  with  the  requirements  of 
Treasury  Department  circular  No.  52  in  order  to  avoid  constant 
reference  thereto  by  the  Auditor  in  his  settlements. 

STATE  ANP   MUNICIPAL   LAWS,   COMPLIANCE 
WITH. 

1.  Motor  vehicle,  registration  of. — A  State  or  municipal  law 
requiring  an  owner  of  a  motor  vehicle  to  pay  a  registration  fee  in 
lieu  of  taxes  is  not  applicable  to  a  motor  owned  by  the  United 
States  under  the  rule  that  the  State  has  no  power  to  impose  a  tax 
upon  the  use  by  the  Federal  Government  of  its  property  or  instru- 

i        mentalities. 

2.  License  to  operate  car. — An  employee  who  operates  a  car 
owned  by  the  Federal  Government  is  not  required  to  pay  for  a  li- 
cense which  may  be  required  of  others  by  the  State  or  municipal  law 
(15  Comp.,  231). 

3.  Private  irrigation  system  acquired  by  United  States. — An 
irrigation  system  held  in  private  ownership  acquired  by  the  Gov- 
ernment under  the  Reclamation  Act  is  taken  free  from  any  obliga- 
tion or  control  of  State  authorities  theretofore  existing.      (July  7, 
1908;  37  L.  D.,  6.) 

STATIONERY. 

Requisitions  for  stationery  should  be  sent  to  the  Director's  office 
so  as  to  reduce  the  number  of  forms  to  a  minimum  and  to  keep 


STOCK  USDGER  CARD  (FORM  7-760)  361 

them  uniform  throughout  the  Service  so  far  as  possible.  On  pro- 
jects where  the  office  and  storehouse  are  not  far  apart,  it  may  be 
convenient  to  have  the  storehouse  clerk  receive  and  issue  sta- 
tionery. In  other  cases  it  should  be  in  charge  of  a  stationery  clerk. 
Requisitions  on  the  office  of  the  Director  should  be  given  a  purchase 
order  number  and  be  handled  in  the  same  manner  as  an  order  on 
any  firm.  Stationery  should  be  kept  under  lock  and  key  and  stored 
as  far  as  practicable  in  one  place,  care  being  taken  to  keep  a  proper 
supply  in  stock.  It  should  be  neatly  arranged  and  kept  as  free  from 
dust  as  possible.  In  order  to  save  time  it  is  a  good  practice  to  place 
on  shelves  by  themselves  such  articles  of  stationery  as  will  be  in  con- 
stant demand  in  the  office,  and  make  one  issue  of  them.  The  sta- 
tionery clerk  should  use  good  judgment  in  filling  requisitions  and 
should  not  allow  the  stock  to  become  depleted  on  account  of  the  de- 
sire of  any  person  to  obtain  more  of  certain  articles  than  is  neces- 
sary to  cover  his  needs  for  a  reasonable  length  of  time.  Issues  of 
stationery  from  the  Director's  office  will  be  accompanied  by  issue 
slips,  showing  prices,  etc.,  and  once  each  month  transfer  vouchers 
will  be  sent  out  covering  these  issues,  charging  the  projects  receiv- 
ing the  supplies  and  crediting  the  stock  inventory  of  the  Director's 
office.  Form  7-712  will  be  used  for  listing  requisitions  for  station- 
ery and  supplies  sent  to  the  field  from  the  Director's  office,  and  re- 
ceipt card,  Form  7-228,  will  be  sent  for  acknowledgment. 

STOCK  LEDGER  CARD  (FORM  7-760). 

These  cards  are  to  be  issued  to  storehouse  and  other  issuing  de- 
partments. Upon  the  basis  of  a  complete  inventory  enter  under  the 
proper  date  the  total  money  value  of  the  property  with  which  the 
storehouse  is  charged.  At  the  end  of  each  day  enter  the  total  num- 
ber of  invoices  received,  and  the  total  valuation  of  such  invoices  for 
that  day's  business.  Returns  of  equipment  and  supplies  should  be 
treated  as  invoices,  and  their  money  value  should  also  be  taken  up 
on  this  card  under  the  correct  date.  Under  the  caption  "Issued" 
enter  the  total  number  of  requisitions  filled,  and  the  valuation  of  is- 
sues. The  balance  represents  the  money  value  of  the  stock  on  hand. 
When  one  side  of  the  card  has  been  filled,  use  the  other  side,  and 
when  both  sides  have  been  used,  carry  the  balance  forward  to  a 


362  RECLAMATION     SERVICE)     MANUAL. 

new  card,  and  file  the  old  card  for  future  reference.     Keep  the  cur- 
rent card  in  its  holder  on  or  near  the  desk. 

STOREHOUSE  CARDS  (FORM  7-761). 

These  cards  shall  be  used  for  all  articles  carried  in  stock  and  may 
be  kept  at  the  project  office  or  at  the  various  storehouses.  A  sep- 
arate card  will  be  prepared  for  each  article  or  class  of  articles  re- 
ceived, having  the  same  unit  and  cost.  When  additional  purchases 
are  made,  new  cards  will  be  used.  Like  articles  having  different 
unit  costs  should  be  kept  separately  from  each  other  in  the  store- 
house, the  bins  or  compartments  being  labeled  to  show  the  brand, 
cost,  etc.,  or  if  this  is  not  practicable  the  article  should  be  tagged 
or  marked  to  show  the  lot  number  and  issue  price  for  convenience 
in  making  issues.  All  articles  received  on  a  project  should  be 
charged  to  the  storehouse  and  entered  on  the  cards  by  size  and 
lot  numbers,  and  fully  described.  The  firm  name,  invoice  num- 
ber, invoice  date  and  invoice  price  should  be  inserted.  Actual  or 
estimated  freight  and  handling  should  be  ascertained  and  added 
to  the  invoice  price,  the  total  being  the  storehouse  price.  The  blank 
space  marked  "Unit"  should  show  the  unit  of  measure,  as,  pounds, 
gallons,  feet,  etc.,  and  the  quantity  and  issue  price  should  be  based 
on  this  unit.  The  spaces  marked  "Maximum,"  "Minimum"  and 
"Usual  purchase"  are  intended  as  a  guide  to  the  clerk  that  he 
may  not  keep  in  stock  more  or  less  of  the  particular  article  than 
is  necessary,  and  to  aid  him  when  making  request  for  purchasing 
to  replenish  his  stock.  Spaces  are  provided  to  show  the  bin  number, 
section,  location  of  storehouse,  also  the  date  and  request  for  pur- 
chase when  a  new  supply  is  ordered.  Under  "issues"  should  be 
shown  the  date,  requisition  number  (transfer  voucher  number,  if  re- 
ceived from  another  project),  quantity  issued  and  amount  issued. 
"On  hand"  columns  under  quantity  and  amount  should  show  the  bal- 
ance on  hand  at  all  times.  If  articles  are  returned  to  the  store- 
house, the  entry  should  be  made  in  red  ink  and  extended 'in  black 
ink  after  adding  to  the  previous  balances.  After  one  side  has  been 
filled  the  balance  should  be  carried  forward  to  the  reverse  side  and 
when  both  sides  are  filled  the  card  should  be  taken  out  and  filed 
where  it  can  be  used  for  reference  when  making  new  purchases. 
Frequent  physical  inventories  should  be  made  by  checking  a  few 


STOREHOUSES.  363 

cards  at  a  time,  so  that  at  least  once  during  each  year,  a  complete 
inventory  will  have  been  made  of  all  storehouses. 

STOREHOUSES. 

Anticipating  needs,  par.  3. 

Designation,  par.  8. 

Goods  short  delivered  or  of  inferior  quality,  par.  5. 

Issuing  supplies  from  storehouses,  par.  7. 

Receiving  and  maintaining  stock  in  storehouses,  par.  2. 

Returns  to  stock,  par.  6. 

Storehouse  requirements,  par.  1. 

Vouching  for  goods  received,  par.  4. 

(See  also  STOREHOUSE  CARDS). 

1.  Storehouse  requirements. — The  storehouse  should  be  cen- 
trally located  and  large  enough  to  accommodate  at  least  a   three 
months'  supply  of  such  equipment  and  materials  as  may  be  needed. 
The  building  should  be  equipped  with  scales  and  desks.     All  small 
articles  should  be  placed  in  bins  or  upon  shelves  or  in  racks,  and 
larger  articles  should  be  piled  so  as  to  occupy  as  little  floor  space  as 
possible.     Iron,  pipe,  cord  wood,  lumber  and  other  bulky  material 
that  the  weather  will  not  affect  may  be  placed  in  racks  or  piles  out- 
side but  near  the  storehouse. 

2.  Receiving  and  maintaining  stock    in    storehouses. — The 
stock  should  be  checked  frequently  against  the  inventory  account 
kept  in  the  project  office  in  order  to  see  that  its  value  equals  the  total 
of  that  amount  less  any  reasonable  shrinkage  or  leakage.     The 
storehouse  clerk  is  held  financially  responsible  for  any  unreasonable 
shortage.     He  should  see  that  he  does  not  run  out  of  articles  that 
should  be  kept  in  stock.     He  should  keep  an  ordinary  blotter  for  a 
record  of  such  articles  as  will  soon  be  needed  and  every  few  days 
should  make  out  from  this  memorandum,  from  a  general  survey  of 
the  material  on  hand,  or  from  reference  to  bin  cards,  a  request  for 
purchase  for  required  articles.     The  maintenance  of  a  well  stocked 
storehouse  generally  saves  the  preparation  of  a  large  number  of 
vouchers  for  small  amounts  and  insures  the  purchase  of  materials 
and  supplies  at  lower  prices  because  larger  quantities  are  ordered. 
It  also  saves  many  trips  to  the  nearest  market  to  obtain  small  quan- 


364  RECLAMATION     SERVICE     MANUAL. 

tities  of  supplies,  thereby  decreasing  the  expense  as  well  as  the 
clerical  work.  If  articles  are  needed  to  meet  a  sudden  emergency, 
the  storehouse  clerk  may  make  his  request  for  purchase  to  the  pur- 
chasing agent  by  telephone,  confirming  it  later  in  the  regular  way. 

3.  Anticipating  needs. — Engineers,  superintendents  and  fore- 
men should  be  careful  to  anticipate  their  needs  as  much  as  possible, 
in  order  that  the  stock  in  the  storehouse  may  not  run  low  and  work 
may  not  be  delayed  on  account  of  lack  of  material  or  supplies. 

4.  Vouching  for  goods  received. — After  a  request  for    pur- 
chase has  been  sent  by  the  storehouse  clerk  to  the  purchasing  agent, 
and  the  order  for  supplies  has  been  placed  the  storehouse  clerk's 
copy  of  the  request  for  purchase  and  the  purchase  order  should  be 
placed  on  a  spindle.     Upon  receipt  of  the  supplies  at  the  storehouse 
they  should  be  checked  immediately  against  the  duplicate  invoice  of 
the  firm  from  whom  the  purchase  is  made  and  the  packages  and 
boxes  should  be  marked  with  the  invoice  price  in  order  that  there 
may  be  no  difficulty  in  fixing  the  issue  price.     If  the  invoice  checks 
with  the  goods  received,  it  should  be  receipted  by  the  storehouse 
clerk  and  included  in  the  list  of  invoices  he  sends  daily  to  the  project 
office.     The  duplicate  invoice  is  then  compared  with  the  copy  of  the 
purchase  order  upon  which  the  articles  received  should  be  checked. 
If  the  invoice  includes  everything  listed  in  the  purchase  order,  the 
purchase  order  and  request  for  purchase  are  marked  "filled"  and 
filed  for  future  reference;  but  if  all  the  articles  ordered  are  not  in- 
cluded in  the  invoice,  the  purchase  order  should  be  returned  to  the 
spindle  until  all  the  articles  have  been  received.     It  may  sometimes 
happen  that  a  firm  will  make  several  shipments  covered  by  one  pur- 
chase order,  but  in  every  case  they  should  only  send  an  invoice  for 
goods  actually  shipped.     The  total  amount  of  the  invoice  should  be 
entered  on  the  debit  side  of  the  stock  ledger  card,  Form  7-760,  and 
the  duplicate  invoice  placed  on  a  spindle  to  await  the  arrival  of  the 
original  invoice  from  the  project  office.     When  the  original  invoice 
is  received,  it  is  compared  with  the  duplicate  copy  on  the  store- 
house clerk's  spindle  and  if  it  is  the  same  in  every  particular  the 
storehouse  clerk  stamps  it  with  the  receipt  stamp  and  returns  it  to 
the  project  office,  where  it  becomes  a  part  of  the  records. 

5.  Goods  short  delivered  or  of  inferior  quality. — The  store- 
house clerk  should  be  careful  to  note  any  shortages  and  deduct  them 
from  the  invoice.  He  should  also  be  careful  to  note  any  substi- 
tuted articles  of  inferior  quality,  and  such  articles  should  be  returned 


STREAM  GAGING.  365 

to  the  shipper  and  all  charges  that  the  Service  has  incurred  for 
freight  or  handling  should  be  charged  to  the  firm  making  the  ship- 
ment and  deducted  from  their  bill.  If  this  plan  is  carried  out  the 
shippers  will  soon  learn  that  they  cannot  ship  anything  they  may 
happen  to  have  in  stock  regardless  of  quality,  and  will  be  careful 
in  filling  orders  according  to  specifications. 

6.  Returns  to  stock. — When  equipment,  material  and  sup- 
plies are  returned  to  the    storehouse  from    a  feature    previously 
charged  with  their  value,  the  transfer  of  equipment,  Form  7-779, 
should  be  used.     All  articles  returned  and  their  appraised  value  at 
the  time  transfer  is  made  should  be  listed  on  this  form.     The  store- 
house clerk  should  check  the  articles  and  receipt  for  them  by  giving 
the  yellow  copy  of  the  transfer  of  equipment  form  to  the  party 
transferring  the  supplies.     The  pink  copy  should  be  kept  for  the 
storehouse  from  which  a  record  of  the  total  daily  receipts  of  trans- 
ferred equipment  may  be  compiled  for  entry  on  the  debit  side  of 
the  stock  ledger  card.     The  white  or  original  copy  should  be  sent 
to  the  project  office  to  be  used  for  the  bookkeeping  record. 

7.  Issuing  supplies  from  storehouses. — The  storehouse  clerk 
or  any  one  in  charge  of  an  issuing  department  should  not  issue  sup- 
plies except  on  a  requisition,  Form  7-763.     Complete  instructions 
as  to  the  use  of  this  form  are  printed  on  the  inside  of  cover  of  the 
requisition  book.     At  the  close  of  the  day's  business  the  amounts 
shown  on  requisitions  filled  during  the  day  should  be  added  and 
their  sums  totaled.     The  storehouse  clerk  should  enter  the  total  is- 
sues for  the  day  as  a  credit  on  his  stock  ledger  card.     The  balance 
as  shown  on  this  card  will  then  be  the  actual  money  value  of  the 
supplies,  etc.,  in  the  storehouse  at  the  close  of  the  day's  business. 

8.  Designation. — The  word  Storehouse  should  be    used    to 
designate  warehouses  or  supply  depots  where  property  is  kept  to 
be  issued  for  use  on  the  project  upon  requisition.     Supplies  in  store- 
houses should  not  be  sold  except  upon  condemnation  pursuant  to  a 
report  of  a  board  of  survey. 

STREAM  GAGING. 

1  Agreement  with  Geological  Survey. — By  an  agreement  be- 
tween the  Reclamation  Service  and  the  Geological  Survey  for 
stream  gaging  work,  approved  December  17,  1909,  the  Geological 
Survey  shall  maintain  all  river  gaging  stations  requested  by  the 


366  RECLAMATION     SERVICE     MANUAL. 

Reclamation  Service  and  shall  make  such  special  gagings  and  stud- 
ies as  from  time  to  time  may  be  found  necessary  or  desirable  by  the 
Reclamation  Service,  and  the  Reclamation  Service  shall  pay  to  the 
Geological  Survey,  by  transfer  in  the  Treasury  of  the  United  States 
to  the  appropriation  for  "Gaging  Streams,  U.  S.  Geological  Sur- 
vey," a  sum  equivalent  to  the  actual  cost  of  said  gagings  to  the  Geo- 
logical Survey;  bills  for  said  work  shall  be  presented  quarterly  by 
the  Geological  Survey  and  payment  therefor  shall  issue  as  aforesaid 
as  soon  thereafter  as  suitable  audit  and  approval  can  be  effected ; 
the  charges  made  by  the  Geological  Survey  shall  not  include  any 
item  for  expenses  of  administration  in  the  Washington  office,  but 
shall  be  confined  to  productive  charges  made  necessary  in  the  gag- 
ings and  computations  involved  in  the  ascertainment  of  stream  flow. 
Notification  to  the  Geological  Survey  that  stream  gagings  are  de- 
sired for  the  Reclamation  Service  at  any  designated  point  shall  con- 
sist of  formal  request  made  by  the  Director  or  any  supervising  engi- 
neer of  the  Reclamation  Service  to  the  Director  or  any  district  engi- 
neer of  the  Geological  Survey,  provided  that,  such  formal  request  by 
a  supervising  engineer  to  a  district  engineer  shall  in  all  cases  be  sub- 
ject to  subsequent  confirmation  by  the  Director  of  the  Reclamation 
Service;  but  the  procuring  of  such  confirmation  shall  not  in  case  of 
emergency  delay  the  performance  of  the  work  requested,  but  said 
district  engineer  shall  proceed  therewith  as  though  the  request  had 
been  approved.  The  Geological  Survey  shall  furnish  to  the  Re- 
clamation Service  the  results  of  measurements  made  under  the 
terms  of  this  agreement  as  soon  as  practicable,  and  prior  to  publica- 
tion, or  as  demanded  by  the  Reclamation  Service ;  and  also,  when 
requested,  the  weekly  gage  readings,  due  consideration  being  given 
in  all  cases  to  the  time  necessary  to  prepare  such  data  or  to  make 
the  computations  and  confirm  the  results.  When  the  Reclamation 
Service  shall  demand  such  results  out  of  regular  order,  or  at  times 
or  in  ways,  compliance  with  which  shall  involve  extra  expenditure  by 
the  Geological  Survey,  such  expenditure  shall  be  included  in  the  ac- 
counts rendered  for  such  work.  The  results  of  river  gagings  pro- 
cured under  the  terms  of  this  agreement  shall  be  published  by  the 
Geological  Survey  in  the  annual  progress  reports  of  stream  meas- 
urements, credit  being  given  to  the  Reclamation  Service  for  its  par- 
ticipation therein ;  and  the  Geological  Survey  further  agrees  to  pub- 
lish in  said  annual  progress  reports  such  results  of  gagings  made  in- 


STRUCTURES   OVER   DITCHES   AND   CANALS.  367 

dependently  by  the  Reclamation  Service  as  the  Director  of  the  Geo- 
logical Survey  may  deem  advisable. 

2.  Preparation    of    vouchers.— The   Geological  Survey  will 
submit  all  bills  for  stream  gaging  work  direct  to  projects.     These 
accounts,  if  correct,  should  be  prepared  for  payment  on  miscellan- 
eous claim  voucher   (Form  7-440),  with  sufficient  copies  for  the 
project  office,  the  office  of  the  Director  of  the  Geological  Survey, 
and  for  the  Director's  office.     The  claim,  after  preparation  and  cer- 
tification by  the  project  engineer  and  approval  by  the  supervising 
engineer,  should  be  forwarded  to  the  Geological  Survey  represen- 
tative for  approval  and  transmission  through  the  Washington  office 
of  the  Survey  to  the  Director    for    settlement.     A    memorandum 
copy  of  the  claim  should  be  transmitted  direct  to  the  Director  with 
a  statement  that  the  original  claim  has  been  forwarded  through  the 
Geological  Survey,  giving  the  name  of  the  officer  to  whom  sent  and 
the  date  forwarded. 

3.  Publication  of  data. — It  is  the  intention  to    furnish    all 
stream  gaging  data  collected  by  the  engineers  of  the  Service  to  the 
Geological  Survey  for  publication  in  the  Water  Supply  Papers.     All 
such  data  should  be  forwarded  in  duplicate  to  the  Director's  office  at 
the  close  of  the  year  for  transmittal  to  the  Geological  Survey. 

STRUCTURES  OVER  DITCHES  AND  CANALS. 

v    ^> 
Supervising  engineers  and  project  managers  are  authorized  to 

grant  a  revocable  license,  on  Form  7-296,  to  the  owner  or  possessor 
of  adjoining  lands,  to  be  renewed  every  five  years  (or  sooner  if  the 
property  has  changed  hands),  to  build  bridges,  culverts  and  other 
like  structures,  across  or  under  ditches  or  canals  owned  or  controlled 
by  the  United  States  under  the  Reclamation  Act.  Authority  to  con- 
struct fences  should  be  allowed  only  under  carefully  drawn  condi- 
tions and  only  with  the  approval  of  the  supervising  engineer.  No 
right  should  be  granted  for  structures,  etc.,  over  Government  v/j 
canals  and  other  irrigation  works  and  Government  property  of 
any  kind,  other  than  by  revocable  license,  except  upon  authority 
specifically  granted  and  upon  form  approved  in  advance  by  the 
Director.  Drafts  of  such  contracts  should  be  submitted  to  the 
Director  before  execution,  accompanied  by  a  full  explanation  of  the 
necessity  of  granting  other  than  a  revocable  license.  These  in-  ^ 
structions  apply  also  to  contracts  where  the  United  States  is  ob- 


368  RECLAMATION     SERVICE     MANUAL. 

taining  a  right  of  way  or  other  property,  and  the  contractor  insists 
upon  excepting  or  reserving  an  easement  of  right,  other  than  a 
revocable  license,  over  the  property  of  the  Government.  In  such 
case  a  report  should  be  made  stating  reasons  why  it  would  not  be 
preferable  to  resort  to  condemnation.  (See  also  CONTRACTS,  PARS. 
46-48.) 

SUBLATERALS,  OPERATION  OF. 

The  control  of  operation  of  all  sublaterals  constructed  or  acquired 
in  connection  with  projects  under  the  Reclamation  Act  is  retained 
by  the  Secretary  of  the  Interior  to  such  extent  as  may  be  considered 
necessary  or  reasonable  to  assure  to  the  water  users  served  there- 
from the  full  use  of  the  water  to  which  they  are  entitled.  (Regu- 
lations approved  February  27,  1909,  37  L.  D.,  468.)  . 

SUBSISTENCE. 

1.  In  general. — Subsistence  is  not  furnished  employees  as  a 
part  of  their  compensation,  except  when  in  an  actual  travel  status, 
but  where  the  Service  maintains  mess  houses  a  charge  will  be  made 
to  all  employees   for  meals   furnished,   except  to  cooks,   waiters, 
and  helpers  engaged  in  the  preparation  and  serving  of  meals. 

2.  Rate. — The  minimum  charge  will  be  25  cents  per  meal, 
but  where  unusual  conditions  are    present  a  higher  rate    may  be 
charged. 

3.  Method  of  collecting. — Collection  will  usually  be  made  by 
deduction  from  service  earnings,  though  it  may  be  by  cash  where 
meals  are  taken  irregularly  as  in  the  case  of  the  project  manager, 
chief  clerk  or  others  traveling  over  the  project  and  taking  meals  at 
different  points.     In  order  to  make  collections,  either  in  cash  or  by 
deductions  from  payrolls,  arrangements  should  be  made  either  by 
contract  or  under  departmental  regulations.    If  under  departmental 
regulations  such  regulations  should  be  posted  in  conspicuous  places 
where  they  may  be  seen  by  all  employees.     (12  Compt.  Dec.,  180.) 

4.  Visitors. — Meals  may  be  furnished  free  to  contractors  inves- 
tigating with  a  view  to  bidding  upon  proposed  construction,  boards 
of  consulting  engineers,  representatives  from  the  Secretary's  office 
upon  official  business,  representatives  of  foreign  countries,  Congres- 
sional committees,  or  investigating  bodies  authorized  by  Congress, 


SUITS,   BRINGING   AND   CONDUCT   OE.  360 

prospective  settlers  and  newspaper  correspondents  (when  the  priv- 
ilege is  not  abused)  and  official  representatives  from  the  water 
users'  associations.  (See  also  VOUCHERS,  PREPARATION  AND  PAY- 
MENT OF  ;  also  TRAVEL  EXPENSE.  ) 

5.  Subsistence  while  in  travel  status. — Reimbursement  for 
subsistence  will  not  be  allowed 

(a)  When  an  employee  is  at  home 

(b)  When  an  employee  is  at  his  station. 

Reimbursement  for  subsistence  will  be  allowed  when  an  employee 
is  in  what  is  known  as  a  travel  status.  This  reimbursement  may  be 
accomplished  in  either  of  two  ways : 

(a)  By  reimbursement  of  the  actual  cost  incurred  by  the 
employe  for  meals  and  lodgings,  as  shown  by  an  itemized 
list  or  account,  in  which  case  the  amount  must  not  exceed 
$6.00  in  any  one  day. 

(b)  By  the  allowance  of  a  definite  amount  per  diem  in 
lieu  of  a  reimbursement  for  actual  expenditures. 

The  method  of  reimbursement  should  be  determined  by  a  travel 
order  issued  by  competent  authority,  prior  to  the  incurrence  of  any 
expense.  In  case  of  the  transfer  of  an  employee  from  one  point  to 
another,  or  upon  original  appointment  when  expenses  are  allowed, 
necessitating  a  change  of  abode  or  station,  it  will  be  proper  to  allow 
reimbursement  either  upon  the  actual  cost  basis  or  upon  the  per 
diem  allowance  basis  for  not  to  exceed  five  days  at  point  of  des- 
tination during  which  the  employee  may  establish  himself  in  his  new 
home. 

SUITS,  BRINGING  AND  CONDUCT  OF. 

Authority  to  institute,  par.  1. 

Compromise  and  dismissal,  par.  3. 

Report  and  recommendation  for  instituting,  par.  2. 

1.  Authority  to  institute. — Suits  in  equity  or  actions  at  law 
in  which  the  United  States  is  a  party  are  under  the  direction  and 
control  of  the  Department  of  Justice  and  in  all  such  matters  the 
United  States  is  represented  by  officers  of  that  Department.  In 
the  institution  of  any  suit  by  the  United  States  or  the  defense  of 
any  suit  against  it  the  Department  under  whose  jurisdiction  the  dis- 


370  RECLAMATION     SERVICE     MANUAL. 

pute  occurs  requests  the  Department  of  Justice  to  take  such  action 
as  may  be  necessary  to  protect  the  interests  of  the  United  States. 

2.  Report  and  recommendation  for  instituting. — When  there- 
fore the  institution  of  any  suit  is  deemed  necessary  or  any  action  is 
commenced  or  threatened  to  be  commenced    against  the    United 
States  or  any  of  its  officers  report  should  be  at  once  made  to  the 
Director  stating  the  conditions  as  fully  as  practicable  and  recom- 
mending that  such  action  be  taken  as  seems  advisable.     Upon  the 
basis  of  this  report  a  recommendation  to  the  Secretary  for  request 
for  action  by  the  Attorney  General  will  be  made.     If  the  Attorney 
General  deems  it  necessary  to  take  action  he  will  direct  the  local 
United  States  attorney  or  some  other  officer  of  the  Department  of 
Justice  to  appear  for  the  United  States  or  its  officers,  and  take  the 
necessary  action  to  protect  the  interest  of  the  United  States.  When- 
ever the  Attorney  General  is  to  be  asked  to  initiate  or  appear  in 
judicial  proceedings,  report  of  all  essential  details  should  be  fur- 
nished.    When  the  necessity  for  such  action  seems  imminent  and 
likely  to  require  prompt  action  in  the  near  future  a  full  report  of 
the  conditions  should  be  mailed  so  that  when  the  emergency  arises 
which  requires  immediate  judicial  proceedings  the  request  therefor 
can  be  made  by  wire.     Under  Sec.  951  R.  S.,  before  any  claim  can 
be  allowed  against  the  United  States  in  a  suit  to  which  the  United 
States  is  a  party,  such  claim  must  have  been  submitted  to  the  ac- 
counting officers  of  the  Treasury  and  disallowed  by  them  in  whole 
or  in  part.     (For  condemnation  suits,  see  LANDS,  ACQUISITION  OF, 
PARS.  40-47.) 

3.  Compromise  and  dismissal. — When  the  case  is  such  that 
permits  of  a  compromise  and  settlement  being  made,  offers  of  set- 
tlement by  the  party  against  whom  the  United  States  appears  in  the 
action  should,  if  otherwise  deemed  reasonable,  be  tentatively    ac- 
cepted only  on  condition  that  the  party  pay  the  costs  of  the  action 
so  far  incurred.     (See  LANDS,  ACQUISITION  OF,  PAR.  44.) 

SURVEYS. 

Accuracy  of  surveys,  par.  2. 

Authority  for  making  supplemental  land  surveys,  par.  26. 

Avoidance  of  publicity,  par.  23. 

Bench  marks  for  canal  surveys,  par.  9. 

Bench  marks  for  reservoir  surveys,  par.  3. 


SURVEYS.  371 

Borings  and  test  pits,  par.  19. 

Canal  surveys,  pars.  8-11. 

Classification  of  irrigable  lands,  par.  14. 

Description,  par.  34. 

Description  of  lands,-  par.  24. 

Disposal  of  note  books,  par.  37. 

Disposition  of  approved  notes,  par.  31. 

Establishing  marking  corners,  par.  28. 

Examination  of  land  titles,  par.  25. 

General  method  of  survey,  par.  12. 

Investigation  o-f  material,  par.  18. 

Investigation  of  material  and  foundations,  pars.  18-19. 

Irrigable  land  surveys,  pars.  12-14. 

Land  subdivision  surveys,  pars.  26-30. 

Leveling,  pars.  15-16. 

Location  of  canals,  par.  8. 

Note  books  and  page  titles,  par.  35. 

Observations  for  azimuth,  par.  10. 

Plotting  notes,  par.  33. 

Preliminary  investigations,  par.  1. 

Primary  levels,  par.  15. 

Recording  and  checking  notes,  par.  36. 

Reports  on  examination  of  projects,  par.  20. 

Reports  on  lands  required  for  reservoirs,  par.  21. 

Reports  on  non-irrigable  lands,  par.  22. 

Reservoir  surveys,  pars.  2-7. 

Right  of  way  and  land  purchases,  surveys  for,  pars.  32-34. 

Scales  and  contour  intervals,  par.  13. 

Scales  for  dam  sites,  par.  7. 

Scales  for  reservoir  sites,  par.  6. 

Secondary  levels,  par.  16. 

Subdivision  of  lands  into  small  rectangular  farm  units,  par.  27. 

Survey  notes  and  note  books,  pars.  35-37. 

Surveying  requirements,  par.  32. 

Surveys  of  irregular  tracts  or  reservoir  sites,  par.  29. 

Topography  with  plane  table,  par.  4. 

Topography  with  transit,  par.  5. 

Transmission  of  survey  notes  to  Director,  par.  30. 

Triangulation,  par.  17. 

Variation  in  methods,  par.  11. 


372  RECLAMATION     SERVICE     MANUAL. 

Withdrawal  and  classification  of  lands,  pars.  20-25. 
(See  also  FARM  UNIT  PLATS;  TOWNSITES). 

1.  Preliminary  investigations. — Before  undertaking  the  regu- 
lar preliminary  surveys  for  a  proposed  project  a  careful  recon- 
naissance should  be  made  to  ascertain  in  a  general  way  the  condi- 
tions governing  water  supply,  the  feasibility  of  the  various  possible 
reservoir  and  dam  sites,  the  area'  and  character  of  lands  available 
for  irrigation,  and  the  relative  merits  of  various  points  of  diversion 
and  possible  main  canal  locations.     The  determination  of  the  suit- 
ability of  a  reservoir  site  as  to  storage  capacity  and.  dam  construc- 
tion can,  in  many  cases,  be  accomplished  with  no  other  instrument 
than  a  hand  level.     In  other  cases  a  rough  transit  and  stadia  recon- 
naissance is  necessary.     The  examination  of  irrigable  area  will  or- 
dinarily be  made  without  instrument  work,  reliance  being  placed 
upon  the  judgment  and  experienced  eye  of  the  engineer,  supple- 
mented by  previous  surveys  or  maps  when  such  are  available;  the 
object  being  to  ascertain  in  a  very  rough  way  if  there  is  a  sufficient 
body  of  irrigable  land  to  keep  the  cost  per  acre  within  reasonable 
limits  and  to  justify  taking  up  a  thorough  survey.     The  examina- 
tion of  diversion  sites  and  canal  locations  will  be  made  for  the  pur- 
pose of  eliminating  suggested  locations  and  routes  which,  for  one 
reason  or  another,  are  impracticable  and  which  might  otherwise  in- 
volve considerable  expense  for  useless  surveys  before  the  unsuitable 
features  were  discovered.     A  hand  level  is  usually  sufficient  for  this 
work. 

RESERVOIR  SURVEYS. 

2.  Accuracy   of   surveys. — The    survey    of    a    reservoir    site 
should  be  made  with  sufficient  accuracy  to  determine  the  approxi- 
mate capacity  of  the  reservoir  and  volume  of  the  dam  within  a 
limiting  error  of  10  per  cent. 

3.  Bench   marks. — Two    or   more    permanent   bench    marks 
shall  be  established  near  the  proposed  dam  site,  and  the  elevation 
thereof  determined  with  reference  to  the  river  bed  or  water  level. 
Wherever  practicable  a  bench  mark  should    be  connected    by    a 
checked  line  of  levels  with  a  permanent  Government  bench  mark 
of  known  elevation  above  mean  sea  level.     The  bench  marks  estab- 
lished should  be  carefully  recorded  in  a  bench  mark  book  and  ap- 
propriately illustrated  with  a  sketch. 


SURVEYS.  373 

4.  Topography  with  planetable. — A  line  of  levels  shall  be  run 
up  the  valley  of  the  reservoir,  stakes  being  driven  and  flags  erected 
at  every  point  where  a  contour  crosses  the  line.     A  base  line  of  such 
length    and    so    located    that    a    well    conditioned    triangulation 
may  be  expanded  from  it  shall  be  measured  in  duplicate  by  a  steel 
tape,  and  from  this  base  line  a  careful  plane  table  triangulation  shall 
be  executed.      Before  completing  the  triangulation,   triangulation 
stations  shall  be  marked  by  permanent  monuments  of  stone  or  con- 
crete.   Where  the  reservoir  site,  on  the  scale  adopted,. covers  more 
than  three  consecutive  plane  table  sheets,  all  the  angles  of  the  tri- 
angulation system  shall  be  measured  by  a  transit  or  theodolite  read- 
ing to  20  or  30  seconds,  and  the  relative  positions  of  the  stations 
shall  be  computed  and  plotted  on  the  planetable  sheets  before  begin- 
ning the  planetable  survey.     Secondary  points  for  the  control  of  the 
sketching  shall  be  located  by  the  stadia  method.     Hills,  buildings, 
lone  trees  or  other  recognizable  objects  shall  be  utilized  as  far  as 
available  and  located  by  intersection.     Secondary  points  should  be 
skillfully  distributed  so  as  to  establish  controlling  points  in  the  top- 
ography, such  as  change  of  slope,  important  junctions  or  bends  in 
drainage  lines,  hills,  passes,  etc.     A  careful  search  should  be  made 
for  public  land  survey  corners,  and  all  those  found  should  be  located 
accurately  on  the  planetable  sheets. 

5.  Topography  with  transit. — Where  the  reservoir  site  is  so 
densely  wooded  as  to  prohibit  absolutely  any  field  sketching  and  to 
necessitate  the  cutting  of  lines  for  all  sights  and  the  locating  of  a 
very  large  number  of  points  to  establish  the  contours,  the  transit 
and    stadia  method  should    be  used.     Generally    a    traverse    line 
should  be  run  up  the  valley  of  the  reservoir  site  and  another  along 
the  top  contour  of  the  survey.     Where  the  site  is  not  too  large, 
points  on  these  lines  may  be  connected  by  traverse  lines,  differences 
of  elevation  being  obtained  by  the  hand  level  and  distances  deter- 
mined by  pacing;  but  where  the  reservoir  is  large  it  will  be  neces- 
sary to  run  these  traverse  lines  by  transit  and  stadia. 

6.  Scales  for  reservoir  sites. — Four  hundred  feet  to  the  inch 
shall  be  used  as  the  standard  scale  for  plotting  surveys  of  reservoir 
sites  that  can  with  this  scale  be  plotted  on  one  plane  table  sheet. 
The  contour  interval  should  ordinarily  be  10  feet.     One  thousand 
feet  to  the  inch  shall  be  used  as  the  standard  scale  for  plotting  reser- 
voir sites  that  can  not  be  plotted  on  a  single  plane  table  sheet  on  a 
scale  of  400  feet  to  the  inch.     The  contour  interval  should  ordi- 


374  RECLAMATION    SERVICE    MANUAL,. 

narily  be  10  feet,  though  in  exceedingly  steep  country  it  may  be 
increased  to  20  feet  where  this  interval  will  correctly  portray  the 
topography. 

7.  Scales  for  dam  sites. — Forty  feet  to  the  inch  shall  be  used 
as  the  standard  scale  for  plotting  surveys  of  dam  sites.     Where 
the  plotted  survey  of  a  site  would  occupy  more  than  one  entire 
plane  table  sheet  on  this  scale  and  where  the  detail  of  the  topography 
is  not  great  a  scale  of  one  hundred  feet  to  the  inch  may  be  used. 
The  contour  interval  should  ordinarily  be  5  feet,  a  smaller  interval 
being  employed  for  comparatively  level  ground. 

CANAI,  SURVEYS. 

8.  Location. — After  the  general  route  of  a  canal  has  been 
determined  upon  by  reconnaissance,  an  approximate  location  should 
be  made  by  the  transit-stadia  method,  a  line  of  levels  being  carried 
by  means  of  the  transit  and  adjacent  desired  elevations  obtained  by 
means  of  vertical  angles  and  stadia  distances.     Following  this  ap- 
proximate location  of  the  canal  line,  the  leveling  party  should  run  a 
line  on  the  proposed  canal  grade,  setting  stakes  from  300  to  400  feet 
apart  without  measurement  of  distances  and  marking  them  with 
consecutive  numbers  and  elevations.     These  stakes  should  then  be 
located  with  transit    and    stadia    by    using    the    azimuth-distance 
method.     The  transit  notes  thus  obtained  should  be  plotted  as  the 
work  progresses,  generally  on  a  scale  of  100  feet  to  the  inch  in 
rough  country  or  400  feet  to  the  inch  in  gently  rolling  country,  on  a 
long  roll  of  detail  drawing  paper,  with  the  aid  of  tables  of  tangents 
or  latitudes  and  departures.     These  plotted  locations  of  the  canal 
stakes  should  then  be  transferred  to  planetable  sheets  and  marked 
with  the  consecutive  stake  numbers  and  the  proper  elevations.    The 
topography  should  then  be  mapped  in  the  field  on  the  planetable 
sheets  with  alidade,  and  stadia  for  a  distance  of  from  300  to  500 
feet  on  each  side  of  the  canal  line.     The  planetable  sheets  should 
overlap  an  inch  or  two  at  the  most  convenient  angle  so  that  the  line 
and  topography  may  be  continued  when  the  sheets  are  superimposed 
in  their  proper  order.    From  these  planetable  sheets,  after  determin- 
ing the  velocities  of  flow  adaptable  to  the  soil  and  the  discharge  ca- 
pacities required  by  the  scheme  of  distribution,  a  paper  location  of 
the  canal  may  be  made  and  the  canal  line  then  actually  run  out  on 
the  ground  with  a  transit  locating  the  tangents  and  curves  and  set- 
ting appropriately  numbered  station  stakes.     A  profile  of  the  line 


SURVEYS.  375 

should  then  be  made  and  the  line  revised  to  fit  the  ground  more 
closely  and  balance  the  work.  To  preserve  the  center  line  a  small 
pony  peg  or  hub  should  be  driven  flush  with  the  ground  surface  at 
each  station  and  a  stake  marked  in  the  ordinary  manner  should  be 
driven  beside  it  in  line  as  a  marker.  Before  construction  work  is 
begun,  all  P.  C.'s  P.  T.'s  and  other  points  which  it  may  be  necessary 
to  re-establish  later  should  be  accurately  referenced  to  hubs  so  lo- 
cated that  they  can  be  carefully  guarded  during  the  construction 
period. 

9.  Bench  marks. — Permanent  bench  mark  posts  should  be 
established  on  preliminary  lines  of  survey  at  intervals  not  exceeding 
four  miles  and  on  located  lines  not  exceeding  one  mile.  Wherever 
practicable,  they  should  be  referred  to  standard  datum.  Temporary 
bench  marks  should  be  established  not  more  than  a  mile  apart  in 
open  country  and  every  1,000  feet  in  rough  or  broken  country.  Con- 
nections should  be  made  as  often  as  possible  with  the  located  cor- 
ners of  the  public  land  survey.  The  error  of  closure  in  the  level 
work  shall  not  exceed  0.05  VD  in  which  D  is  the  length  of  circuit  in 
miles. 

10.  Observations    for    azimuth. — Observations    on    Polaris 
should  occasionally  be  made  as  the  survey  progresses  for  checking 
the  azimuth  of  the  line.     These  observations  should  be  made  at  a 
station  on  the  line. 

11.  Variation  in  methods. — The  conditions  surrounding  the 
survey  of  a  particular  canal  may  be  such  as  to  make  part  of  the 
foregoing  methods  of  procedure  inadvisable.     In  such  case,  the  en- 
gineer should  conduct  the  work  in  the  manner  best  suited  therefor. 

IRRIGABLE   LAND   SURVEYS. 

12.  General  method  of  survey. — Surveys  of  irrigable  lands 
should  be  made  by  the  planetable  and  stadia  method,  controlled  by 
a  triangulation  system  and  network  of  level  lines.     Where  the  area 
covers  more  than  three  consecutive  planetable  sheets  the  angles  of 
the  main  triangulation  system  should  be  read  with  a  transit  or  theo- 
dolite and  the  system  should  be  so  developed  that  two  or  more  com- 
puted points  can  be  plotted  on  each  planetable  sheet.     From  these 
points  a  secondary  system  is  developed  by  planetable  for  conven- 
ience in  taking  topography.    Triangulation  systems  which  do  not 
cover  more  than  three  sheets  may  be  expanded  direct  from  the  base 


376  RECLAMATION     SERVICE     MANUAL. 

line  by  planetable.  The  necessary  amount  of  level  control  depends 
largely  on  the  character  of  the  lands.  Ordinarily  one  primary  line 
or  circuit  through  the  area  with  branch  lines  of  secondary  levels 
about  one  mile  apart  is  most  satisfactory.  In  taking  topography  the 
number  of  elevations,  length  of  sights,  and  amount  of  detail  shown 
will  depend  entirely  on  local  conditions  and  requirements.  Diligent 
search  should  be  made  for  all  corners  of  the  public  land  surveys  that 
they  may  be  located  on  the  map. 

13.  Scales  and  contour  intervals. — One  thousand  and  two 
thousand  feet  to  the  inch  shall  be  used  as  standard  scales  for  plot- 
ting topographic  surveys  of  irrigable  lands.     Ordinarily  the  larger 
scale  is  the  more  satisfactory.     The  contour  interval  should  usually 
be  5  or  10  feet,  depending  on  the  amount  of  relief.     On  compara- 
tively level  land  the  individual  elevations  should  be  preserved  on 
the  map.     These  actual  elevations  are  of  special  value  in  depres- 
sions and  along  ridges  and  usually  give  the  information  desired 
more  accurately  and  satisfactorily  than  a  reduced  contour  interval. 

14.  Classification  of  irrigable  lands. — Topographic  maps  of 
irrigable  lands  should  show,  in  addition  to  the  topography,  a  classi- 
fication of  the  lands.     Notes  should  be  made  of  the  character  of 
the  soil,  vegetation,  etc.,  including  information  as  to  the  areas  cov- 
ered by  timber,  wood  and  brush.     Depth  of  soil  should  be  noted  if 
less  than  four  feet,  as  shallow  soil  often  makes  proper  leveling  of 
the  surface  impracticable.     With  reference  to  irrigability,  the  land 
will  be  divided  into  two  general  classes,  irrigable  and  non-irrigable. 
This  can  be  best  done  on  a  piece  of  tracing  cloth  showing  the  public 
land  subdivisions  by  40-acre  tracts  or  lots,  which  is  placed  over  the 
map.     Irrigable  land  will  be  classified  as  first,  second,  and  third 
class.     First  and  second  class  lands  are  both  irrigable  and  agricul- 
tural, and  third  class  land  is  irrigable,  but  not  agricultural,  owing  to 
infertility,  presence  of  alkali  or  excessive  water.     By  non-irrigable 
land  is  meant  land  that  is  too  high,  too  rocky,  or  broken  to  permit  of 
successful  irrigation.    On  the  tracing  cloth  the  classification  should 
be  indicated  in  colors.    The  land  under  cultivation  should  be  shown 
in  its  appropriate  color  with  fine  black  lines  drawn  across  it.    In  ad- 
dition to  the  color  sheet  there  should  be  detail  notes  kept,  describing 
the  soil,  topography,  and  vegetation  of  the  various  subdivisions  on 
the  tracing,  the  subdivisions  being  referred  to  by  numbers.     All 
wells  should  be  located  and  the  distance  to  water  from  the  surface 
<  i  the  ground  noted. 


SURVEYS.  377 


15.  Primary  levels.  —  The  following  rules  for  primary  level- 
ing should  be  closely  adhered  to  : 

(a)  No  sight  more  than  300  feet  in  length  should  be  taken,  ex- 
cept under  unavoidable  circumstances,  (b)  Record  distance  in  feet 
for  both  fore  and  back  sights  and  keep  them  as  nearly  equal  as  pos- 
sible. (c)  Avoid  lines  of  sight  that  are  less  than  two  feet  from  the 
ground  surface  at  any  point,  particularly  when  the  air  is  "boiling." 
(d)  Levelmen  and  rodmen  should  keep  their  notes  strictly  inde- 
pendently and  in  such  a  manner  that  they  will  not  turn  the  leaves 
of  their  note  books  at  the  same  time,  (e)  Give  complete  informa- 
tion regarding  source  from  which  initial  elevation  was  taken,  (f) 
Establish  bench  marks  for  each  mile  run.  Standard  B.Ms,  (posts 
and  tablets)  should  not  average  more  than  3  miles  apart,  (g)  Be 
careful  to  use  firm  turning  points,  (h)  All  primary  level  circuits 
must  close  with  an  error  not  exceeding  0.05\/D,  where  D  is  the 
length  of  circuit  in  miles. 

16.  Secondary  levels.  —  On  secondary  or  flying    level  lines, 
lengths  of  sights  are  not  limited,  turning  pins  are  not  required  and 
every  effort  should  be  made  to  save  time.     Benches  should  be  left 
at  frequent  intervals  and  should  be  well  described,  but  standard 
B.M.  posts  must  not  be  established  on  such  lines.     Elevations  of 
topographic  control  points  along  the  line,  such  as  road  corners,  sum- 
mits and  depressions,  bridges  and  water  levels,  should  be  deter- 
mined and  marked  in  some  way  so  that  they  will  be  readily  found 
and  read  by  the  topographer.     No  limit  of  error  is  prescribed  for 
this  work,  the  general  understanding  being  that  a  closure  within  a 
fifth  of  the  contour  interval  used  is  sufficient. 

17.  Triangulation.  —  Where  it  is  necessary  to  measure  the 
angles  of  a  system  of  triangulation  for  the  control  of  the  topography 
of  a  large  reservoir  site  or  of  a  large  area  of  irrigable  land,  and 
where  the  instrument  used  reads  to  20  or  30  seconds,  the  following 
method  is  generally  of  sufficient  accuracy,  the  signals  being  in  the 
order  A  B  C  —  A  : 

•&'    .     .        (  Telescope  direct  —  read  on  A  B  C  —  A. 

I  Telescope  reversed—  read  on  A  —  C  B  A. 

Shift  the  limb  90°. 

c         ,      .  j  Telescope  reversed  —  read  on  A  B  C  —  A. 
Second  set  j  Telescope  direct—  read  on  A  —  C  B  A. 

If  more  than  two  sets  are  necessary  the  limb  should  be  shifted, 


378  RECLAMATION     SERVICE     MANUAL. 

between  sets,  180°  divided  by  the  number  of  sets.  In  all  cases  read 
both  verniers.  Observations  on  Polaris  for  azimuth  should  be  made 
at  the  beginning  and  end  of  the  triangulation  and  the  entire  system 
should  %be  properly  adjusted.  Each  triangulation  point  should  be 
permanently  preserved  by  means  of  a  stone  or  concrete  monument. 

INVESTIGATION  OF  MATERIAL  AND  FOUNDATIONS. 

18.  Investigation  of  material. — On  all  surveys  of  dam  sites 
and  of  canal  lines  on  which  estimates  are  to  be  made  care  should 
be  taken  to  ascertain  the  character  of  the  material  to  be  moved  and 
to  indicate  upon  the  map  the  class  under  which  it  falls.     So  far  as 
practicable  the  standard  classification  for  excavation  by  the  Ser- 
vice should  be  used. 

19.  Borings  and  test  pits. — Borings  and  test  pits  should  be 
made  to  determine  the  depth  to  bed  rock  or  the  character  of  founda- 
tion at  proposed  dam  sites,  and  the  character  of  material  along  pro- 
posed canal  lines.     Careful  records  should  be  kept  of  the  material 
encountered  in  sinking  pits  and  borings  and  samples  should  be  col- 
lected and  diamond  drill  cores  saved.     Each  sample  should  be  care- 
fully marked  with  the  depth  from  which  it  has  been  obtained,  as 
well  as  with  the  location  of  the  hole. 

WITHDRAWAL    AND    CLASSIFICATION    OF    LANDS. 

20.  Reports  on  examination  of  projects. — On  completion  of 
the  examination  of  an  irrigation  project,  complete  recommendations 
relating  to  action  to  be  taken  in  connection  therewith  should  be 
made  to  the  Director.     If  reservoir  sites  or  the  irrigation  of  lands 
have  been  considered  feasible,  all  lands  included  therein  should  be 
recommended  for  preliminary  withdrawal,  the  description  thereof 
being  given  by  entire  townships  if  necessary.    Lands  for  reservoir 
sites  should  be  listed  separately  from  irrigable  lands.     One  of  the 
most  essential  parts  of  the  work  of  preliminary  investigation  for 
an  irrigation  project  to  be  constructed  under  the  Reclamation  Act  is 
to  record  and  report  the  amounts  of  water  diverted  by  the  various 
ditches  and  reservoirs  taking  water  from  the  proposed  source  of 
supply;  also  the  maximum  capacity  of  each  of  such  ditches  or  reser- 
voirs in  use.    Any  information  relating  to  legal  decisions  concern- 
ing water  rights  and  the  best  sources  of  information  concerning 
them  will  be  of  great  value  in  subsequent  investigations. 

21.  Reports  on  lands  required  for  reservoirs. — As  soon  as 


SURVEYS.  379 

the  maximum  elevations  of  the  water  surfaces  of  proposed  reser- 
voirs have  been  determined,  the  flow  line  should  be  located  and  con- 
nected where  possible  with  public  land  surveys,  and  the  engineer 
should  thereupon  forward  to  the  Director  a  list  of  the  lands  re- 
quired by  the  reservoir  and  appurtenant  structures,  including  such 
unflooded  marginal  strip  as  may  be  necessary,  not  less  than  100 
feet  wide.  A  wider  strip  may  be  provided  if  necessary  for  the 
proper  maintenance  and  protection  of  the  reservoir  and  head  works. 

22.  Reports   on  non-irrigable    lands. — When   the    irrigable 
lands  have  been  determined  by  the  survey,  the  engineer  shall  for- 
ward to  the  Director  a  list  of  the  non-irrigable  lands  included  in  the 
preliminary  withdrawal. 

23.  Avoidance  of  publicity. — When  engaged  in    making    a 
reconnaissance  or  preliminary  survey  for  a  reclamation  project  the 
engineer  should  endeavor  to  avoid  publicity  concerning  the  details 
of  the  project  and  especially  the  land  that  may  be  temporarily  with- 
drawn pending  survey.     It  usually  takes  two  or  three  weeks  for  the 
order,  of  withdrawal  to  reach  the  local  land  office  after  the  request 
has  been  made  by  the  Director.     If  the  information  becomes  pub- 
lic before  the  order  of  withdrawal  reaches  the  local  land  office 
speculative  entries  may  be  made  in  large  numbers  and  difficulties 
may  result. 

24.  Description    of    lands. — In  describing  lands   for    with- 
drawal for  reservoir  sites  and  for  restoration  to  entry  the  sub- 
divisions used  should  not  be  smaller  than  the  smallest  legal  subdivis- 
ion (40-acre  tracts,  or  lots).     They  should,  however,  be  consoli- 
dated as  much  as  possible,  using  whole  sections,  quarter  sections  or 
half-quarter  sections  where  possible.     In  describing  lands  the  fol- 
lowing general  rule  should  be  observed :  The  quarter  sections  should 
be  placed  in  the  following  order :  NE,  NW,  SE  and  SW.     Always 
insert  "and"  before  the  last  subdivision  of  each  section.     Lot  num- 
bers should  be  given  first  and  half  sections  should  come  last.     Al- 
ways state  the  principal  meridian  of  the  survey  and  the  State  in 
which  the  land  lies.     The  following  will  serve  as  a  specimen  for 
arrangement,  order  of  description  and  punctuation : 

T.  1  N.,  R.  1  W.,  S.  B.  M.,  California. 
Lots  1  and  2,  SW^NEM,  S^NW^,  and  S^  ....  Sec.     1. 

NE>4,  E^NW^,  N^SEM,  and  $Wy4 Sec.    5. 

Lots  1,  2,  3,  and  4,  SE^SW^,  and  E^ Sec.  18. 


380  RECLAMATION     SERVICE     MANUAL. 

and  W/2  ..............................  Sec.  20. 

Sees.  23,  24,  33,  and  35. 


Where  the  public  land  surveys  have  not  been  extended  over  the 
lands  in  question,  but  are  not  far  distant,  it  will  be  advisable  to  pro- 
ject the  public  land  surveys,  making  liberal  allowance  for  possible 
variance  in  the  final  Land  Office  surveys.  When  the  public  land 
surveys  are  at  a  considerable  distance  the  descriptions  should  be 
made  with  a  view  to  their  being  plotted  on  the  State  maps  issued 
by  the  General  Land  Office.  The  fact  that  any  tract  is  included 
in  one  of  the  so-called  "school  sections"  should  not  prevent  a 
recommendation  for  its  withdrawal,  because  the  status  of  such  lands 
depends  upon  a  variety  of  conditions,  and  the  decision  in  the  mat- 
ter must  be  left  to  the  General  Land  Office. 

25.  Examination  of  land  titles.  —  The  examination  of  title  to 
the  lands  involved  in  the  various  irrigation  projects  must  be  made 
at  some  time  during  the  investigation.  It  is  necessary  before  con- 
struction can  begin  to  know  as  to  each  tract  whether  it  is  public  or 
private  land;  while  in  connection  with  the  purchase  of  right  of  way 
for  canals  or  of  lands  to  be  flooded  in  reservoirs,  a  complete  ab- 
stract of  title  will  be  required.  The  first  step  will  be  to  obtain  a 
copy  of  the  record  of  the  local  land  office  to  show  the  present  status 
of  each  tract.  It  will  not,  of  course,  be  necessary  to  copy  notes  of 
entries  that  have  been  canceled,  or  contests  that  have  been  decided, 
or  the  like.  This  record  will  give  the  nature  and  number  of  the 
entry,  a  description  of  the  land,  the  name  and  postoffice  address  of 
the  entryman,  and  other  details.  Such  a  record  will  show  what 
land  is  vacant,  what  land  is  entered,  and  what  land  has  been  pat- 
ented. A  book  has  been  prepared  for  making  these  abstracts  and 
can  be  obtained  on  application.- 

LAND  SUBDIVISION  SURVEYS. 

26.  Authority  for  making  supplemental  land  surveys.  —  The 
first  section  of  the  Act  of  Congress  entitled  "An  Act  providing  for 
the  subdivision  of  lands  entered  under  the  Reclamation  Act  and  for 
other  purposes,"  approved  June  27,  1906  (34  Stat,  519),  author- 
izes the  Secretary  of  the  Interior  to  fix  a  lesser  area  than  forty  acres 
as  the  minimum  entry  whenever,  owing  to  market  conditions  and 
the  special  fitness  of  the  soil  and  climate  for  the  growth  of  fruit  and 
garden  produce,  a  lesser  area  than  forty  acres  may  be  sufficient  for 


SURVEYS.  381 

the  support  of  a  family.  The  size  of  such  entry  or  farm  unit  shall 
be  not  less  than  ten  nor  more  than  one  hundred  and  sixty  acres. 
Wherever  it  may  be  necessary,  for  the  purpose  of  accurate  descrip- 
tion, to  further  subdivide  the  lands  to  be  irrigated,  the  Secretary 
may  cause  subdivision  surveys  to  be  made  by  the  officers  of  the 
Service./  These  subdivisions  shall  be  rectangular  in  form,  except  inj 
cases  where  irregular  subdivisions  may  be  necessary  in  order  to  pro- 
vide for  practicable  and  economical  irrigation.  All  subdivision  sur- 
veys differing  from  the  regular  fractional  method  of  subdivision  of 
a  section  must  be  approved  by  the  Commissioner  of  the  General 
Land  Office,  and  field  notes  and  plats  thereof  must  be  filed  in  his 
office  as  supplemental  surveys.  The  Secretary  has  also  authorized 
the  Service  to  make  resurveys  and  resubdivisions  of  the  areas  re- 
quired for  reservoirs  or  other  irrigation  works  and  the  areas  border- 
ing thereon,  and  to  prepare  supplemental  plats  of  these  areas,  desig- 
nating them  as  lots.  The  supervising  engineer  in  charge  will  select 
an  engineer,  assistant  engineer,  junior  engineer,  or  competent  sur- 
veyman  to  make  such  subdivision  surveys,  subject  to  the  approval  of 
the  chief  engineer. 

27.  Subdivision  of  lands  into  small  rectangular  farm  units. — 
When  it  is  advisable  to  make  field  subdivision  into  rectangular  farm 
units  of  .forty  acres  or  less,  the  officer  designated  shall  make  the 
necessary  surveys  and  establish  the  corners  in  strict  accordance 
with  the  requirements  of  the  current  "Manual  of  Surveying  Instruc- 
tions for  the  Survey  of  the  Public  Lands  of  the  United  States  and 
Private  Land  Claims,"  issued  by  the  General  Land  Office,  and  in 
the  re-establishment  of  corners  and  subdivisions  of  sections  shall 
be  governed  by  the  current  circular  of  the  General  Land  Office  on 
"Restoration  of  Lost  and  Obliterated  Corners  and  Subdivision  of 
Sections."  Full  and  complete  field  notes  of  all  lines  run  and  a 
careful  record  of  the  sizes  and  descriptions  of  all  corners  in  regular 
subdivisional  surveys  or  surveys  for  the  restoration  of  lost  or  ob- 
literated corners  should  be  filed  in  the  offices  of  the  supervising  and 
project  engineers,  but  these  notes  are  not  required  by  the  General  . 
Land  Office.  Resubdivision  surveys  are  not  necessary,  if  the  farm 
unit  can  be  definitely  described  as  a  fractional  part  or  parts  of  the 
regular  subdivisions,  as  for  example,  NE.  l/^  NE.  ^4  NE.  l/4  sec. 
— ,  10  acres,  or  N.  */2  NW.  %  NW.  y4  sec.  — ,  20  acres.  (See 
also  FARM  UNIT  PLATS.) 


382 


RECLAMATION     SERVICE     MANUAL. 


28.  Establishing  and  marking  corners. — Particular  attention 
is  directed  to  the  necessity  of  establishing  and  marking  all  corners 
in  a  substantial  and  durable  manner.  Iron  posts  prescribed  by  the 
General  Land  Office  for  this  purpose  will  be  furnished  through  the 
Director's  office.  These  posts  are  provided  with  brass  caps  which 
are  to  be  appropriately  marked  in  the  manner  indicated  in  the  cir- 
cular entitled  "Specimen  Field  Notes  and  Plats  for  Subdivision  of 
Sections  and  Surveys  of  Farm  Units  and  Townsites."  These  posts 
are  furnished  in  three  sizes,  3  inches  in  diameter  for  township  cor- 
ners and  section  corners  on  township  boundaries ;  2  inches  in  diam- 
eter for  all  section  corners  in  subdivisional  surveys,  including  clos- 
ing section  corners  on  standard  lines  or  township  boundaries ;  1  inch 
in  diameter  for  all  quarter,  sixteenth  and  meander  corners  and 
angle  points.  Witness  corners  are  required  to  be  of  the  same  size 
as  would  be  used  for  the  true  corner.  All  other  accessories  to  be 
constructed  as  required  in  the  General  Land  Office  Manual.  The 
General  Land  Office  has  issued  no  printed  directions  regarding  the 
marking  of  corners  subdividing  quarter  sections,  but  it  has  been 
the  practice,  where  sections  have  been  subdivided  into  forty-acre 
tracts,  to  mark  all  such  corners  1/16.  To  avoid  confusion  in  de- 
termining the  identity  of  particular  1/16  corners  a  system  of  mark- 
ing has  been  adopted,  as  shown  on  the  following  diagram : 

O  SEC.  COR. 


SEC.COR.O 


*                               -16                         4^COR-                       ~I6                            s~ 

2 
J6                              , 

16                                ( 

,16 

J6                                ( 

j!6                             > 

J6  - 

13 
16                             . 

14                           > 
16 

17 

16                             ' 

15 

L6                   < 

C>SEC.GOR. 


SURVEYS.  383 

It  is  not  believed  that  it  will  be  necessary  to  further  subdivide 
sections  into  ten-acre  tracts  on  the  ground,  but  where  it  is  desired 
to  make  ten-acre  farm  units  they  may  be  appropriately  indicated  on 
the  plats. 

29.  Surveys  of  irregular  tracts  or  reservoir  sites. — (a)  When 
a  line  that  does  not  conform  to  the  rectangular  system  of  the  pub- 
lic land  surveys  is  to  be  adopted  as  a  boundary  between  two  or  more 
tracts  or  lots,  and  the  same  passes  through  one  or  more  sections, 
an  actual  survey  of  such  irregular  line  will  be  made  upon  the  ground 
marked  by  permanent  monuments  at  each  angle  point  thereof,  and 
wherever  a  line  of  the  public  survey  is  crossed  or  closed  upon.  Such 
line  shall  be  tied  to  the  nearest  corner  of  the  public  land  surveys  by 
course  and  distance  at  its  initial  and  terminal  points.  Observation 
on  Polaris,  or  the  sun,  for  the  true  meridian  will  not  be  necessary 
when  deflection  angles  are  read  from  an  established  line  of  an  ac- 
cepted official  survey,  but  the  direction  or  bearing  and  length  of 
each  line  thus  determined  will  be  recorded;  the  bearing  to  be  read 
to  the  nearest  quarter  degree,  and  the  distance  measured  to  the 
nearest  ten  links  or  ten  feet.  If  the  irregular  boundary  line  is  to 
be  initiated  on  or  closed  upon  a  rectangular  sectional  subdivisional 
line  not  established  upon  the  ground  in  the  course  of  the  public  sur- 
veys sufficient  subdivision  must  be  made  in  accordance  with  the 
existing  regulations  of  the  General  Land  Office  regarding  the  resto- 
ration of  lost  or  obliterated  corners  and  subdivision  of  sections  as 
will  be  necessary  to  provide  a  line  upon  which  the  traverse  may  be 
initiated  or  closed.  Necessary  retracement  and  restoration  work 
shall  be  performed  for  the  location  of  corners  to  which  connections 
are  to  be  made.  Any  area  to  be  permanently  reserved  for  reclama- 
tion purposes,  lying  entirely  within  a  section  shall  be  designated  as 
a  tract  and  numbered,  commencing  with  37,  or  the  next  higher  tract 
number  in  the  township.  A  record  of  a  survey  of  this  character 
in  the  form  of  field  notes  and  plats  shall  be  prepared  by  the  Di- 
rector of  the  Reclamation  Service  and  submitted  to  the  Commis- 
sioner of  the  General  Land  Office  for  examination,  approval  and 
notation  upon  the  records  of  his  office  in  the  usual  manner. 

(b)  In  the  subdivision  of  sections  and  quarter  sections,  each  step 
necessary  for  the  determination  of  the  boundaries  of  the  tract  in 
question  must  be  recorded  in  the  notes.  The  statement  that  a  sec- 
tion has  been  subdivided  "in  accordance  with  the  official  circular  of 


384  RECLAMATION     SERVICE     MANUAL. 

June  1,  1909,  by  establishing  temporary  corners  at  all  points  neces- 
sary for  the  survey  of  the  land,"  is  not  sufficient  without  a  record  of 
the  actual  work  of  subdivision.  If  the  original  section  corners  and 
quarter  section  corners  are  found  in  place,  subdivide  the  section  by 
running  straight  lines  between  the  opposite  quarter  section  corners 
establishing  a  temporary  center  of  section,  recording  courses  and  dis- 
tances obtained  for  the  lines  of  the  quarter  section  to  be  subdivided. 
Establish  1/16  section  corners  thereon  at  equal  distances  and  sub- 
divide the  quarter  section  in  a  similar  manner,  then  the  boundaries 
of  the  subdivision  having  been  obtained,  the  true  boundary  lines  of 
the  irregular  tracts  should  be  run  and  established.  On  all  retraced 
and  reestablished  lines,  as  well  as  on  all  required  subdivision  lines, 
the  true  bearings  and  distances  must  be  actually  determined  and 
noted,  and  all  permanent  corners,  both  original  and  newly  estab- 
lished, must  be  accurately  described. 

(c)  Where  the  boundary  of  a  tract  is  to  conform  to  the  center 
line  of  a  canal,  and  points  established  thereon  will  be  ordinarily  in- 
accessible and  subject  to  obliteration,  the  angle  points  on  the  mean- 
dered center  line  should  be  referenced  by  permanent  witness  points 
on  either  or  both  of  the  canal  right  of  way  lines,  the  bearing  and 
distance  of  each  point  so  placed  being  recorded  in  the  notes.    Should 
it  be  impracticable  to  survey  the  center  line,  an  offset  line  should  be 
run,  preferably  along  one  of  the  right  of  way  lines,  and  all  angle 
points  on  said  offset  line  should  be  marked  and  recorded  so  that  they 
will  serve  as  witness  points  to  the  angle  points  on  the  center  line, 
which  is  to  be  the  true  boundary.    The  courses  and  distances  on  the 
center  line  should  then  be  computed  and  the  notes  should  embody 
this  computed  meander  with  each  angle  point  on  said  center  line 
referenced  to  the  corresponding  established  angle  point  on  the  offset 
line.    The  general  method  to  be  pursued  may  be  made  clear  by  refer- 
ence to  "Specimen  Field  Notes  and  Plats  for  Subdivision  of  Sec- 
tions and  Surveys  of  Farm  Units  and  Townsites,"  edition  of  1913. 

(d)  All  irregular  tracts  formed  in  subdivision  surveys  should  be 
designated  as  lots,  and  numbered  according  to  the  Land  Office 
method.    In  a  section  which  contains  lots  in  the  original  survey,  the 
new  lot  numbers  should  begin  with  the  next  higher  number. 

(e)  All  areas  of  tracts  formed  by  subdivisional  and  meander  sur- 
veys must  be  computed  and  proportioned  so  as  to  give  a  total  for 
each  section  equal  to  that  shown  on  the  official  plat.     Any  existing 
legal  subdivision  of  public  land  must  be  entirely  accounted   for 


SURVEYS.  385 

whenever  subdivided  or  modified  by  supplemental  surveys.  Each 
separate  tract  must  be  computed  and  recorded  on  the  diagram  ac- 
companying the  field  notes  and  the  remaining  irregular  portion  of 
any  subdivision  must  be  accounted  for  in  the  Land  Office  records 
just  as  exactly  as  the  part  in  which  the  Reclamation  Service  is  di- 
rectly interested. 

30.  Transmission  of  survey  notes  to  Director. — When  a  sur- 
vey is  completed  there  shall  be  transmitted  to  the  Director  for  ap- 
proval three  typewritten  copies  of  the  field  notes  written  on  stand- 
ard field  note  paper  of  the  General  Land  Office  certified  by  the  offi- 
cer making  the  survey  before  any  officer  authorized  to  administer 
land  oaths,  i.  e.,  before  either  the  register  or  the  receiver,  or  before 
a  United  States  commissioner,  or  a  United  States  court  commis- 
sioner, or  a  judge,  or  a  clerk  of  a  court  of  record,  in  the  county  or 
parish  in  which  the  land  lies,  or  before  any  officer  of  the  classes 
named  who  resides  in  the  land  district  and  nearest  and  most  acces- 

"sible  to  the  land,  although  he  may  reside  outside  of  the  county  in 
which  the  land  is  situated.  A  notary  public  is  not  so  authorized. 
The  notes  shall  be  accompanied  by  a  diagram  or  supplementary 
plat  on  a  scale  of  four  inches  to  the  mile  showing  the  farm  units 
or  lots,  the  meander  lines,  corners  and  all  features  necessary  to 
make  the  field  notes  clearly  understood.  The  notes  shall  be  pre- 
pared in  accordance  with  the  standard  form  given  in  the  General 
Land  Office  Manual,  and  they  shall  furnish  all  information  neces- 
sary to  construct  the  diagram  and  to  readily  retrace  the  survey  on 
the  ground.  Field  note  paper  of  the  General  Land  Office  will  be 
supplied  from  the  Director's  office  on  request. 

31.  Disposition  of  approved  notes. — After  approval  by  the 
Director,  three  copies  of  the  field  notes  and  four  copies  of  the  dia- 
gram will  be  transmitted  to  the  Commissioner  of  the  General  Land 
Office  for  his  approval.     After  approval  by  the  Commissioner  one 
copy  of  the  field  notes  and  diagram  will  be  retained  in  the  General 
Land  Office,  one  copy  will  be  transmitted  to  the  office  of  the  Sur- 
veyor-General for  the  State,  and  one  copy  returned  to  the  Recla- 
mation Service.     One  copy  of  the  diagram  only  will  be  transmitted 
to  the  local  land  office.     On  receipt  of  the  copy  of  the  field  notes 
and  plat  approved  by  the  Commissioner  of  the  General  Land  Office, 
the  project  engineer  will  be  advised  of  the  .date  of  approval  of  the 
notes  and  plat. 


386  RECLAMATION     SERVICE     MANUAL. 

SURVEYS   FOR   RIGHT   OP   WAY   AND   LAND   PURCHASES. 

32.  Surveying  requirements. — In  making  surveys    for  land 
purchases  and  right  of  way,  the  section  lines,  meander  lines  and  sub- 
division lines  immediately  surrounding  and  intersecting  the  tract  in 
question  should  first  be  retraced.     The  complete  boundary  of  the 
tract  should  then  be  surveyed,  leaving  no  angles  or  distances  to  be 
computed  except  in  surveys  for  canal  or  waste  ditch  right  of  way. 
In  such  cases  the  center  line  should  be  surveyed  and  shown  on  the 
plat  and  the  boundaries  computed  so  that  the  tract  may  be  described 
by  courses  and  distances.     All  deflection  angles  should  be  recorded 
as  well  as  courses  for  checking  purposes.     There  should  be  not  less 
than  two  distinct  ties  to  section  or  quarter  section  corners,  and  ties 
at  intersections  with    section,   quarter  and    quarter-quarter    lines 
should  give  angles  with  the  course  as  well  as  distances. 

33.  Plotting   notes. — In  plotting   notes,  the  scale  should  be 
no  larger  than  necessary  to  show  the  property  clearly  and  the  plat 
should  be  of  ordinary  letter  size,  or  such  that  it  may  be  folded  to 
that  size.     All  subdivision  and  lot  lines  should  be  shown  and  boun- 
daries of  the  tract  to  be  acquired  should  stand  out  distinctly.     Each 
plat  should  contain  only  the  tract  or  tracts  included  in  a  single  pur- 
chase.    All  figures,  bearings,  angles,  etc.,  which  enter  into  the  de- 
scription should  be  clearly  given.     On  each  plat  should  be  indicated 
the  project;  feature  for  which  the  purchase  is  to  be  made;  name  of 
owner  of  land;  acreage;  section,  township  and  range;  State;  also 
the  date,  scale,  and  direction  of  the  meridian.     Large  scale  maps 
which  show  only  a  portion  of  a  section  should  bear  a  small  key  map 
on  the  scale  of  two  inches  to  the  mile,  giving  the  location,  of  the 
property  in  the  section. 

34.  Description. — In  describing  by  course  and  distance  pro- 
ceed clockwise  around  the  tract.     When  a  curve  forms  part  of  a 
boundary  or  reference  line,  the  following  method  of  description 
should  be  used:  "thence  to  the  right  (or  left,  as  the  case  may  be) 

along  an  arc  of feet  radius, feet,  measured  on 

foot  chords ;  thence,"  etc.     The  length  of  chord  used  in  any  par- 
ticular case  will  depend  upon  the  length  of  radius  of  the  curve  and 
should  be  the  same  as  used  in  staking  out  the  line  for  construction 
work.     This   form  of  description  avoids   reference  to  degree  of 
curvature  or  other  technical  terms,  eliminates  doubt  as  to  how  the 
length  of  arc  is  measured,  and  gives  a  description  agreeing  in  all 


SURVEYS.  387 

points  with  the  original  field  notes,  from  which  the  line  can  be 
readily  retraced  or  plotted. 

SURVEY    NOTES    AND    NOTEBOOKS. 

35.  Notebooks  and  page  titles. — Survey,  level  and  other  field 
notes  shall  be  kept  in  suitable  books  provided  for  thai:  purpose. 
The  title  page  of  each  book  shall  be  appropriately  marked  with  the 
period  of  the  survey  and  kind  of  survey,  the  name  of  the  feature 
surveyed,  the  name  of  the  project  and  the  name  of  the  chief  of 
the  party.     Each  page  of  the  note  book  beginning  a  day's  work 
should  be  dated  and  headed  with  the  name  of  the  particular  part 
of  the  survey  covered  by  the  notes  thereon,  the  names  of  the  ob- 
server and  recorder  and  the  number  and  make  of  the  instrument; 
succeeding  pages  covering  the  same  day's  work  should  be  dated 
and  marked  "Continued."     If  the  work  is  not  continuous  along  the 
line  a  note  should  be  made  at  each  break  stating  where  the  notes 
relating  to  the  preceding  or  succeeding  section  are  to  be  found.     In 
case  of  revision  of  the  line  the  old  notes  should  be  preserved  and 
the  location  of  the  revised  notes  given. 

36.  Recording  and  checking  notes. — All  notes  and  records 
shall  be  so  full,  clear  and  legible  that  they  can  be  readily  inter- 
preted by  any  competent  person  unfamiliar  with  the  notes  and  the 
section  covered  by  the  survey.     Conventional  symbols  should  be 
employed  so   far  as    practicable.     Important    computations    con- 
nected with  the  notes  should  be  checked  and  when  checked  the  fact 
indicated  by  the  usual  check  mark.     In  connection  with  such  com- 
putations the  name  of  the  person  making  the  computations  as  well 
as  that  of  the  person  who  checked  them  should  be  stated. 

37.  Disposal  of  notebooks. — Notebooks  should  be  carefully 
indexed  as  the  work  progresses  or  when  the  books  are  filled.    When 
a  notebook  is  filled,  if  the  notes  are  to  be  kept  in  use,  a  copy  should 
be  made  as  soon  as  possible  and  the  original  book  filed  in  the  project 
office.     Notebooks  should  be  kept  where  there  is  no  danger  of  their 
destruction  by  fire.     Notebooks  relating  to  a  project  approved  for 
construction  should  be- kept  in  the  project  office;  those  relating  to 
a  project  that  has  been  temporarily  abandoned  should  be  kept  on 
file  in  the  office  of  the  supervising  engineer ;  and  those  relating  to  a 
project  that  has  been  permanently  abandoned  should  be  forwarded 
to  the  Director. 


388  RECLAMATION     SERVICE     MANUAL. 

TAXES,  UNITED  STATES  NOT  LIABLE  FOR. 

Property  of  the  United  States  is  not  subject  to  taxation  by  the 
States  (Van  Brocklin  v.  Tennessee,  117  U.  S.,  151).  This  exemp- 
tion, however,  cannot  be  claimed  where  the  property  is  acquired 
subject  to  taxes  then  attached  to  the  property.  In  the  purchase  of 
land,  the  Service  should  insist  that  taxes  which  would  be  a  lien  if 
the  sale  were  made  to  an  individual  be  paid  by  the  vendor,  so  that 
the  State  may  not  be  deprived  thereof  by  reason  of  the  negotiations 
with  the  United  States. 

TEAMS  AND  PROPERTY,  USE  OF. 

/ 

Care  must  be  taken  to  avoid  the  use  or  appearance  of  use  of 
Government  teams  or  other  public  property  for  private  benefit  or 
enjoyment.  The  laws  on  this  point  are  explicit,  and  nothing  will 
attract  unfavorable  comment  as  quickly  as  looseness  in  this  regard. 
Responsible  officers  in  charge  must  see  to  it  that  no  practice  of 
this  kind  is  tolerated. 

TELEGRAMS. 

x 

Cablegrams,  par.  5. 
Commercial  telegraph  blanks,  par.  2. 
Preparation  of  telegrams,  par.  3. 
Signatures  to  telegrams,  par.  1. 
Telegraph  code,  par.  4. 

1.  Signatures  to  telegrams. — In  the  preparation  of  a  telegram 
the  name  (without  initials)  of  the  Director,  Acting  Director,  or 
other  official  who  is  to  sign,  should  be  typewritten  at  the  end  of  the 
telegram;  if  approved  for  transmission,  the  approving  officer  will 
sign  his  name  in  space  provided  for  "Sender's  Name  in  Full"  in 
the  heading  of  Form  7-132.  In  certain  instances,  where  telegrams 
are  sent  to  persons  not  in  the  Service  and  to  whom  the  signing 
official  is  probably  not  known  by  name,  the  title  (which  should  be 
Director,  Acting  Director,  or  Chief  Engineer,  etc.),  should  follow 
the  typewritten  signature.  The  word  "Reclamation"  or  "Reclama- 
tion Service"  should  only  be  used  in  connection  with  the  signature 


TELEGRAMS.  389 

for  identification  purposes  when  sending  telegrams  to  persons  not 
in  the  Service. 

2.  Commercial  telegraph  blanks. — Whenever  a  blank  other 
than  a  regular  reclamation  form  is  used  for  a  telegram,  the  words 
"Charge  Government  rates,  Reclamation"  should  be  written  thereon 
in  order  that  the  telegraph  company  may  be  able  to  prepare  and 
address  its  bill  properly. 

3.  Preparation  of  telegrams. — All  persons  sending  telegrams 
should  prepare  the  draft  without  punctuation  or  capitalization  and 
then  read  this  draft  carefully  to  note  whether  the  message,  as  thus 
written,  is  intelligible,  or  is  capable  of  more  than  one  meaning. 
Messages  are,  of  course,  received  without  punctuation  or  capitali- 
zation, and  frequently  the  last  word  of  one  sentence,  when  trans- 
ferred to  the  beginning  of  the  next,  completely  alters  the  sense. 
Punctuation  marks   (periods,  commas,  hyphens,  apostrophes,  etc.) 
are  not  counted  or  sent  except  upon  formal  demand  of  the  sender, 
in  which  case  they  are  counted  and  charged  for.     Telegrams  should 
contain  as  few  words  as  possible  consistent  with  absolute  accuracy 
and  clearness  of  meaning.     Care  should  be  exercised  to  select  words 
which  cannot  be  properly  given  a  construction  inconsistent  with  the 
meaning  intended  to  be  conveyed.     Telegrams  should  be  sent  at 
night  rates  where  the  delay  of  a  day  will  not  be  an  inconvenience 
and  when  the  message  is  sent  so  late  in  the  day  as  that  it  will  prob- 
ably not  reach  its  destination  until  after  office  hours.     Confirma- 
tions should  always  be  sent  at  once  by  mail. 

4.  Telegraph  code. — This  code  has  been  used,  exclusively, 
since  July  1,  1910,  and  should  be  used  whenever  it  can  be  utilized 
to  advantage.     It  is  not  necessarily  confined  to  messages  where  se- 
crecy is  desired,  but  can  be  employed  to  advantage  in  shortening 
messages,  particularly  when  it  is  desired  to  quote  dates  and  figures ; 
this  is  especially  true  if  long,  or  important  numbers,  or  descriptions 
of  land  are  involved  (see  pages  27  to  32  of  Code  Book).    In  trans- 
mitting a  confirmation  copy  of  a  telegram  sent  in  code,  such  con- 
firmation copy  should  be  accompanied  by  a  translated  copy,   for 
purposes  of  verification.    Pages  5  to  9,  inclusive,  of  code  book  are 
devoted  to  instructions  as  to  its  use;  these  instructions  should  be 
read  carefully.     Copies  of  the  Departmental  code  are  in  all  im- 
portant offices  of  this  Service. 

5.  Cablegrams. — If  an  occasion  should  arise  making  it  neces- 
sary to  communicate  by  cable  with  any  eligible  on  the  Civil 


390  RECLAMATION     SERVICE     MANUAL. 

Service  list,  whose  address  is  outside  the  United  States,  the 
message  should  be  wired  to  the  Washington  office  with  request 
that  it  be  transmitted  by  cable. 

TELEPHONE  SERVICE. 

Sec.  7  of  the  Act  approved  August  23,  1912  (37  Stat.,  414), 
provides  that  no  funds  of  the  Government  "shall  be  expended  for 
telephone  service  installed  in  any  private  residence  or  apartment  or 
for  tolls  or  other  charges  for  telephone  service  from  private  resi- 
dences or  private  apartments  except  for  long  distance  telephone 
tolls  required  strictly  for  public  business,"  etc.  On  November  12, 
1912,  the  Comptroller  of  the  Treasury  held  that  the  intention  of 
the  act  was  to  prevent  the  Government's  being  charged  with  the 
cost  of  private  and  personal  messages  of  employees,  and  not  for 
the  purpose  of  requiring  Government  employees  to  bear  the  ex- 
pense of  telephone  messages  on  public  business.  It  was  therefore 
held  that  a  forest  ranger  who  has  an  office  and  a  residence  in  the 
same  building,  may  have  a  telephone  installed  in  such  building  at 
Government  expense  for  the  transaction  of  public  business.  "If, 
however,  the  official  desires  to  use  said  instrument  for  his  own 
personal  convenience  at  any  time,  the  service  should  be  charged  for 
at  so  much  per  message  which  would  insure  that  the  Government 
would  not  be  paying  for  the  private  telephoning  of  such  official." 

TIMBER  CUTTING  CONTRACTS,  ESTIMATES  AND 
SUGGESTIONS  BY  FOREST  SERVICE. 

In  the  case  of  lands  which  are  withdrawn  under  first  form, 
where  the  timber  from  certain  areas  will  be  sold,  the  proceeds  of 
which  are  to  be  used  for  construction  purposes,  or  covered  into  the 
Reclamation  fund,  the  Forest  Service  should  be  requested  to  sub- 
mit a  report,  estimate,  and  suggestions  for  the  final  contract. 

TIMEKEEPING. 

Animals,  par.  9. 

Certification  by  superior,  par.  8. 
Duties  of  timekeeper,  par.  2. 
Importance  of  good  timekeeping,  par.  1. 
Forms  used,  par.  3. 


TIMEKEEPING.  391 

Preservation  of  time  books,  par.  4. 
Recapitulation,  par.  7. 
Time  book,  par.  5. 
Transfer  of  employee,  par.  6. 

1.  Importance   of   good  timekeeping. — The    duties   of   the 
timekeeper  are  important  as  the  element  of  labor  entering  into  the 
cost  of  the  project  is  great,  and  a  poor  timekeeper  may  cause  the 
loss  of  a  great  deal  of  time  and  money.     The  timekeeper  should  be 
quick,  intelligent  and  resourceful.     The  plan  of  using  young  en- 
gineering aids  as  timekeepers  has  been  adopted  with  excellent  re- 
sults on  some  projects.     This  plan  not  only  provides  intelligent 
and  educated  men  to  do  this  class  of  work,  but  by  constant  contact 
with  men  and  methods  tends  to  educate  the  young  engineer  and 
develop  him  for  more  important  work. 

2.  Duties  of  timekeepers. — The  timekeeper  should  insert  in 
his  time  book  binder  a  list  of  the  account  numbers  he  is  to  use,  and 
when  new  numbers  are  sent  him  from  the  office  or  old  numbers 
become  obsolete,  he  should  change  his  list  accordingly.     A  record 
for  every  employee  should  appear  on  a  time  book,  as  the  special 
fiscal  agent  may  properly  refuse  to  pay  for  services  not  covered  by 
time  book  entries. 

3.  Forms  used. — The  forms  generally  used  by  the  timekeeper 
are  the  time  book,  Form    7-812,  the  general    classification    book, 
Form  7-822,  and  time  checks,  Form  7-813. 

4.  Preservation  of  time  books. — The  time  book  used  on  the 
works  is  an  original  book  of  entry.     It  should  be  initialed  by  the 
engineer,  superintendent  or  foreman,  and  must  be  made  a  part  of 
the  permanent  office  records.     Should  the  project  become  entangled 
in  litigation  at  any  time,  this  book  might  be  needed  in  court.     A 
transcript  of  any  kind  would  not  be  considered  good  evidence.    No 
matter  how  soiled  the  time  book  may  become,  the  rolls  should  be 
prepared  from  it.     The  use  of  a  transfer  book  should  not  be  per- 
mitted, for  it  is  a  fruitful  source  of  error  and  presents  opportunity 
for  dishonesty. 

5.  Time  book  (Form  7-812). — Several  days  prior  to  the  end 
of  the  month  each  project  timekeeper  should  be  provided  with  a 
sufficient  number  of  time  sheets  to  use  for  the  party  or  parties  for 
which  he  is  to  keep  time  during  the  ensuing   month.     The   time- 


392  RECLAMATION     SERVICE     MANUAL. 

keeper  should  number  each  sheet,  fill  in  the  space  for  the  year, 
month,  feature,  and  the  name  of  the  project.  He  should  then  trans- 
fer to  the  column  provided  for  that  purpose  the  names  of  such  men 
as  he  has  reason  to  believe  will  be  employed  during  the  coming 
month,  inserting  badge  number  (should  the  project  use  them),  to- 
gether with  occupations  and  rates  of  pay.  If  the  timekeeper  has 
reason  to  believe  that  during  the  month  an  employee  will  be  engaged 
on  work  chargeable  to  more  than  four  account  numbers,  he  should 
allot  to  that  employee  more  than  one  space,  but  as  a  rule  one  space 
will  be  found  sufficient  for  each  employee.  The  account  numbers 
are  of  course  not  inserted  until  the  employee  has  been  found  at 
work,  and  each  time  he  changes  his  duties  from  work  chargeable  to 
one  account  number  to  work  chargeable  to  another,  the  number 
should  be  inserted.  If  an  employee  be  discharged  or  resign,  the 
timekeeper  should  give  him  a  time  check,  which  will  be  paid  upon 
presentation  at  the  office. 

6.  Transfer  of  employee. — Should  the  employee  be  trans- 
ferred to  another  party  or  shift  the  timekeeper  will  issue  a  time 
check,  Form  7-813,  covering  amount  due  him  and  enclose  the  same 
in  an  envelope  addressed  to  the  next  timekeeper  or  chief  of  party 
who  will  take  him  up  as  a  new  employee,  and  will  forward  the  time 
check  together  with  his  time  book  (showing  the  time  he  has  worked 
for  him)  at  the  end  of  the  month  to  the  project  office  where  his 
time  will  be  vouchered  as  one  item  on  a  payroll;  the  man's  time 
being  included  in  the  recapitulation  on  the  two  time  books.  The 
time  check  should  be  marked  in  red  ink  "Transfer  time  check." 
The  initials  "T.  C.,"  for  time  check,  should  be  written  opposite  the 
name  of  any  employee  who  may  be  discharged,  transferred,  or  who 
may  resign.  Should  the  timekeeper  make  an  error  in  computing 
the  amount  of  pay  for  an  employee  to  whom  a  time  check  has  been 
issued,  and  the  error  be  detected  at  the  office  by  the  pay  roll  clerk, 
the  pay  roll  clerk  should  make  the  necessary  correction  on  the  time 
check  and  at  once  notify  the  timekeeper,  so  that  he  may  correct  his 
book.  The  time  should  be  taken  on  each  party  at  least  twice  a  day. 
and  oftener  if  possible.  In  order  to  save  time  at  the  end  of  the 
month,  and  to  prevent  unnecessary  delays  in  sending  in  time  books 

promptly  on  the  last  day  of  the  month,  the  space  "total  to 

"  should  be  utilized  to  insert  computations  to  some 

date  that  may  prove  most  convenient  to  the  timekeeper.     The  time- 


TIMEKEEPING.  393 

keeper  should  show  all  deductions  for  meal  tickets,  orders  on  mer- 
cantile stores,  rent  and  hospital  in  the  respective  columns  provided. 
After  the  time  has  been  extended  and  all  deductions  inserted,  the 
timekeeper  should  add  the  different  columns,  carrying  the  amounts 
on  each  page  forward.  The  last  page  will  then  show  the  total 
amount  earned,  the  total  deductions  for  meal  tickets,  orders  on 
mercantile  stores,  rent,  and  hospital,  and  the  balance  due  the  em- 
ployees. 

7.  Recapitulation. — The  timekeeper  should  then  use  a  few 
pages  of  the  general  classification  sheet  to  compile    the  charges 
against  account  numbers  inserting  the  account  numbers  at  the  top 
of  each  column  and  putting  under  each  heading  the  amount  of  ex- 
pense incurred.     The  sum  of  the  charges  by  account  numbers  must 
equal  the  total  amount  earned,  as  shown  by  the  column  bearing  the 
title  "Total  Earned."     On  a  blank  page  in  the  back  of  the  time 
book,  this  summary  should  be  inserted  by  account  numbers.     The 
time  of  employees  who  have  received  time  checks  will  be  included 
in  the  recapitulation  in  precisely  the  same  manner  as  the  time  of 
those  who  have  not  been  paid.     When  the  time  book  has  been 
found  correct,  it  should  be  sent  to  the  office  promptly  on  the  last 
day  of  the  month,  that  there  may  be  no  delay  in  paying  off  the  men. 
This  time  book  must  be  taken  out  to  the  works.     The  use  of  a 
smaller  time  book  from  which  daily  transfers  are  to  be  made  to  a 
larger  one  can  not  be  permitted. 

8.  Certification  by  superior. — If  correct,  the  engineer,  super- 
intendent, or  foreman  in  charge  of  the  party  in  which  time  is  being 
kept  must  initial  each  page  of  the  time  book  before  it  is  sent  to  the 
office  for  transfer  to  the  pay  rolls.     Time  of  contractors'  employees 
should  be  collected  on  separate  sheets  of  the  time  book,  using  occu- 
pation instead  of  names,  and  reporting  in  one  item  the  number  of 
employees  of  same  occupation  engaged  upon  one  class  of  work. 

9.  Animals. — The  time  of  all  work  animals  should  be  reported 
on  this  time  book,  similarly  to  that  of  employees,  observing  the  fol- 
lowing rules:   (1)  Time  of  employees  and  of  animals  and  equip- 
ment should  be  reported  as  one  item,  with  rate.      (2)  Time  of  ani- 
mals and  equipment  hired  separately  from  driver  should    be  re- 
ported separately,  using  name  of  owner  and  rate.      (3)   Time  of 
animals  owned  by  the  Government  should  be  reported  as  Govern- 
ment animals,  and  their  time  charged  to  account  numbers,  but  the 
summary  of  these  charges  must  be  kept  separate  from  the  labor 


394  RECLAMATION     SERVICE     MANUAL. 

liability  summary.     The  method  of  obtaining  the  horse  day  cost 
of  forage  is  explained  in  instructions  regarding  CORRALS. 

TOWN  SITES. 

Appraisal  and  sale  of  lots,  par.  10. 

Data  to  accompany  plats,  par.  9. 

Location,  par.  4. 

Prior  filings,  par.  6. 

Procedure,  par.  1. 

Reappraisal  of  unsold  lots,  par.  11. 

Size,  par.  3. 

Survey  and  sale,  par.  7. 

Townsite  plat,  par.  8. 

Water  to  be  supplied  under  contract,  par.  12. 

Withdrawals,  authority  for,  par.  2. 

Withdrawals,  recommendation  for,  par.  5. 

1.  Procedure. — For  full  instructions  on  the  subject  of  pro- 
cedure, withdrawals,  appraisal,  reappraisal,  and  sale,  see  General 
Reclamation  Circular  approved  February  6,  1913,  as  amended  to 
date. 

2.  Withdrawals,  authority  for. — Under  the  provisions  of  the 
said  Acts  of  April  16  and  June  27,  1906,  known  as  the  "Town- 
site    Acts,"    the    Secretary    of    the    Interior    is    authorized    to 
withdraw,  survey  and  subdivide  such  townsites  as  the  interests  of 
the  public  may  require;  disposition  (as  if  withdrawn  for  reclama- 
tion purposes),  being  authorized  of  townsites  which  have  been  set 
apart  by  the  President  under  the  provisions  of  Sections  2680 -and 
2681  of  the  U.  S.  Revised  Statutes  situated  within  or  near  any 
reclamation  project. 

3.  Size. — The  provision  in  the  Act  of  April  16,  1906,  limit- 
ing the  size  of  such  townsites  to  160  acres,  was  repealed  by  the  Act 
of  June  27,  1906. 

4.  Location. — Project  managers  should  give  careful  attention 
to  the  location  of  townsites  on  the  projects  in  their  charge  and  sites 
should  be  selected  with  reference  to  the  feasibility  of  securing  an 
ample  and  convenient  supply  of  potable  water  either  from  natural 
sources  or  from  irrigation  systems,  and,  if  possible,  with  reference 
to  securing  power  for  electric  lighting  and  other  uses. 


TOWN   SITES.  395 

5.  Withdrawals,  recommendation  for. — Immediately  after  de- 
termining upon  a  specific  location  for  the  establishment  of  a  town, 
the  engineer  should  forward  recommendation  for  such  withdrawal, 
giving  the  land  office  description  of  the  tract  required.     If  the  lands 
to  be  utilized  as  townsites  are  already  withdrawn  under  the  pro- 
visions of  the  Reclamation  Act  recommendation  should  be  made 
for  a  change  of  the  form  of  withdrawal  to  a  reservation  under  said 
acts,  when  the  lands  are  to  be  made  available  for  townsite  purposes. 
Recommendations  for  townsite  withdrawals  within  Indian  reser- 
vations where  reclamation  operations  are  being  conducted  will  be 
made  to  the  Secretary  of  the  Interior  through  the  Indian  Office. 

6.  Prior  filings. — If  a  desirable  townsite  is  already  covered 
by  filings  under  the  land  laws,  it  may  be  possible  to  secure  such  site 
for  village  purposes  by  readjusting  farm  units  with  this    end  in 
view,  or  a  number  of  entrymen  may  be  induced  to  relinquish  suf- 
ficient portions  of  their  holdings  to  render  the  desired  site  available. 

7.  Survey  and  sale. — In  order  that  proper  arrangements  be 
made  for  the  survey  of  the  townsites  and  the  subsequent  sale  of  the 
lots,  requests  for  authority  to  make  subdivision  surveys  should  be 
forwarded  to  the  Director  at  least  six  months  before  the  desired 
date  of  sale.     (See  also  SURVEYS.) 

8.  Townsite  plat. — About  six  months  prior  to  the  date  when 
it  is  proposed  to  hold  the  first  sale  of  town  lots  a  plat  of  the  town- 
site  showing  the  entire  area  subdivided  into  blocks  and  lots  should 
be  submitted   (in  quadruplicate)   to  the  office  of  the  Director  at 
Washington,  accompanied  by  three  sets    of  the  field  notes.     The 
plat  and  field  notes  should  be  prepared  in  accordance  with  "Speci- 
men field  notes  and  plats  for  subdivisions  of  sections  and  surveys 
of  farm  units  and  townsites,"  approved  August  9,  1909. 

9.  Data  to  accompany  plats. — Accompanying  the  plats  and 
field  notes  should  be,   (1)  appropriate  recommendation  as  to  the 
lots  and  blocks  to  be  included  in  the  sale,  (2)  the  names  of  three 
persons  for  appraisers  (one  of  whom  may  be  an  employee  of  the 
Reclamation  Service),  (3)  the  name  of  a  superintendent  of  sale, 
(4)  the  per  diem  compensation  which  should  be  paid  to  the  ap- 
praisers in  addition  to  actual  and  necessary  traveling  expenses,  (5) 
the  maximum  number  of  days  during  which  a  per  diem  allowance 
will  be  made  to  the  appraisers,  (6)  the  date  prior  to  which  the  ap- 
praisers must  begin  the  work  of  appraisal,  (7)  the  date  by  which 


396  RECLAMATION     SERVICE     MANUAL. 

the  appraisal  must  be  completed,  (8)  the  date  on  which  the  sale  is 
to  take  place,  (9)  the  maximum  number  of  days  the  service  of  an 
auctioneer  will  be  required,  (10)  the  terms  of  sale,  and  (11)  terms 
of  sale  at  date  of  public  sale  and  subsequently.  Deferred  payments 
subject  to  interest  at  6  per  cent,  are  authorized  by  Act  of  Congress 
approved  June  11,  1910  (36  Stat,  465),  but  this  privilege  should 
usually  be  limited  to  sales  made  on  the  date  fixed  for  the  sale,  and 
cash  in  full  required  for  subsequent  purchases  at  the  local  land 
office. 

10.  Appraisal  and  sale  of  lots. — Appropriate  instructions  will 
be  mailed  to  the  appraisers  by  the  Commissioner  of  the  General 
Land  Office,  and  after  approval  of  the  appraisement,  instructions 
will  be  issued  for  the  sale  of  the  lots  by  auction  to  the  highest  bidder 
at  not  less  than  the  appraised  value  thereof  in  accordance  with  the 
provisions  of  Circular  of  February  6,  1913. 

11.  Reappraisal  of  unsold  lots. — The  Act  of  Congress    ap- 
proved June  11,  1910   (36  Stat.,  465),  authorizes  the  reappraisal 
and  sale  of  unsold  lots,  and  the  same  Act  also  authorizes  the  Secre- 
tary of  the  Interior,  in  his  discretion,  to  require  payment  for  such 
town  lots  in  full  at  the  time  of  the  sale  or  in  annual  instalments,  not 
exceeding  five.     The  General  Land  Office  circular  of  instructions 
provides  that  where  the  Secretary  of  the  Interior  directs  the  re- 
appraisement  of  unsold  lots  under  the  said  act,  the  reappraisement 
will  be  conducted  under  the  regulations  provided  for  under  the 
original  appraisement  of  lots  in  townsites  created  under  the  laws 
m  said  act  mentioned.     The  lots  to  be  reappraised  will  not,  from 
the  date  of  the  order  thereof,  be  subject  to  disposal  until  offered  at 
public  sale  at  the  reappraised  value,  which  offering  will  be    con- 
ducted under  the  regulations  providing  for  the  public  sale  of  lots 
in  such  townsites.     The  lots  so  offered  at  public  sale  will  then  be- 
come subject  to  private  sale  at  the  reappraised  price.     Whenever 
the  Secretary  of  the  Interior  shall  order  the  payment  of  the  pur- 
chase price  to  be  made  in  annyal  instalments,  the  same  will  be  done 
under  such  regulations  as  may  be  issued  in  each  particular  instance. 

12.  Water  to  be  supplied  under  contract. — Where  lands  are 
subdivided  into  such  form  and  areas  as  to  indicate  a  use  thereof 
for  townsite  purposes,  water  may  be  furnished  for  the  entire  area 
so  subdivided  by  contract.      (See  WATER  RIGHTS,  PARS.  42-44.) 
Applications  by  individual  lot  owners  for  water  rights  under  the 
Reclamation  Act  for  lands  which  have  been  subdivided  into  town 


TRANSPORTATION  OF  COMMODITIES.  397 

lots  will  not  be  allowed.  Water  may  be  supplied  to  towns  from 
reclamation  projects,  but  delivered  to  some  convenient  point  to  be 
handled  and  distributed  to  the  inhabitants  by  the  municipal  author- 
ities in  accordance  with  the  provisions  of  the  act  of  April  16,  1906. 
(Secretary,  March  21,  1911,  39  L.  D.,  591.) 

TRANSPORTATION  OF  COMMODITIES. 

Absence  of  bill  of  lading,  par.  40. 

Accomplishing  bills  of  lading,  par.  34. 

Administrative  examination  of  transportation  claims,  par.  52. 

Bill  of  lading,  accomplished,  what  should  appear  on,  par.  30. 

par.  44. 

Bills  of  lading,  importance  of  using,  par.  23. 
Bills  of  lading  sent  to  vendors,  par.  27. 
Bills  of  lading  to  be  sent  to  consignee,  par.  32. 
Bills  of  lading,  when  to  issue,  par.  28. 
Carloads  and  less  than  carloads,  par.  17. 

Car  numbers  and  initials  to  be  noted  on  bills  of  lading,  par.  31. 
Certificate  in  lieu  of  lost  bill  of  lading,  par.  39. 
Chicago  office,  par.  1. 

Claims  against  transportation  companies  for  refunds,  par.  51. 
Combining  freight  shipments  of  different  classes,  par.  13. 
Commercial  bills  of  lading  and  shipping  receipts,  par.  21. 
Concealed  loss  or  damage,  par.  46. 
Deductions   from  purchase  invoices  account  errors   in   shipment, 

par.  41. 

Demurrage  and  switching  charges,  par.  47. 
Describing  contents  of  less-than-carload  shipments,  par.  18. 
Disposition  of  damaged  articles  should  be  shown,  par.  45. 
Disposition  of  spoiled  or  canceled  bills  of  lading,  par.  24. 
Errors  to  be  guarded  against,  par.  37. 
Essentials  to  be  noted  in  consignee's  certificate,  par.  36. 
Expense  bills,  par.  50. 
Express  charges,  how  determined,  par.  9. 
Express  requirement  as  to  weights  of  packages,  par.  10. 
Express  shipments,  par.  7. 
Forms  relating  to  transportation,  par.  53. 
Freight  not  chargeable  to  the  Service,  par.  33. 


398  RECLAMATION     SERVICE     MANUAL. 

Freight  rates,  tracing,  etc.,  par.  4. 

Freight,  routing  of,  par.  11. 

Government  bills  of  lading — Form  7-730,  par.  22. 

How  to  prepare  bills  of  lading,  par.  25. 

Live  stock,  par.  19. 

Loss  or  damage  clearly  not  chargeable  to  transportation  company, 

Par.  44. 

Mail  shipments,  pars.  6,  54. 
No  charges  to  be  paid  by  consignee,  par.  35. 
Notation  of  project  charges,  par.  42. 
Notations  on  bills  of  lading  for  special  service,  par.  48. 
Ownership  of  property  in  transit,  par.  16. 
Parcel  post,  pars.  6,  54. 

Partial  prepayment  of  charges,  securing  delivery  after,  par.  15. 
Point  of  delivery,  par.  14. 
Project  transportation  clerk,  duties  of,  par.  5. 
Routing  shipments  and  furnishing  bills  of  lading,  par.  3. 
Shipments  to  points  where  there  are  no  freight  agents,  par.  49. 
Short  and  bad  order  shipments  on  Government  bills  of  lading, 

par.  43. 

Special  service,  par.  29. 
Tracing  shipments  in  transit,  par.  20. 
Transportation  agent,  duties  of,  par.  2. 
Valuation  on  express  shipments,  par.  8. 
Transportation    company    must    be    protected    on    all    legitimate 

charges,  par.  26. 

What  should  be  shipped  by  freight,  par.  12. 
When  notations  should  be  made  on  bills  of  lading,  par.  38. 

1.  Chicago  office. — The  office  at  Chicago,  Illinois,  is  in  charge 
of  an  experienced  transportation  man,  with  the  title  of  Transporta- 
tion Agent. 

2.  Transportation  agent,  duties  of. — One  of  the   duties   of 
the  transportation  agent  is  to  protect  the  interests  of  the  Service  as 
regards  technical  matters  in  connection  with  transportation  of  ma- 
terials, equipment,  and  supplies.     The  responsible  officers  of  the 
Service  should  avail  themselves  of  its  facilities  whenever  they  can 
do  so.     The  transportation  agent  should  in  so  far  as  practicable 
conduct  all  transactions,  except  those  of  a  purely  local  character, 


TRANSPORTATION  OF  COMMODITIES.  399 

with  the  various  railroads  and  will  look  after  the  tracing  of  ship- 
ments when  early  delivery  is  desired.  He  should  continue  the 
special  concessions  and  freight  contracts  now  in  force  and  where 
possible  arrange  for  additional  reductions,  and  make  administrative 
examinations  of  all  accounts  covering  freight  and  express  transpor- 
tation on  basis  of  net  rates  applying  to  this  Service.  The  Trans- 
portation Agent  in  making  purchases  and  contracts  should  comply 
with  the  requirements  as  to  competition.  (See  ADVERTISEMENTS 
AND  BIDS,  PAR.  2). 

3.  Routing  shipments  and  furnishing  bills  of  lading. — The 
Chicago  office  will  furnish  bills  of  lading,  and  will  look  after  the 
forwarding    and    proper    routing    of    all    merchandise  purchased 
through  that  office  or  as  may  be  requested  by  the  project  offices.    It 
will  also  collect  claims  for  loss  and  damage  from  the  various  trans- 
portation companies,  and  secure  refunds  on  contractor's  shipments 
in  accordance  with  freight  contracts. 

4.  Freight  rates,  tracing,  etc. — Freight  rates  for  compara- 
tive purposes  covering  advertisements  for  purchase  of  supplies,  etc., 
will  be  furnished  on  request.     Shipments  in  transit  will  be  expe- 
dited by  tracing  when  necessary.     The  Chicago  office  will  also  keep 
in  touch  with  rate  conditions  and,  in  general,  co-operate  with  and 
assist  the  various  field  offices  in  every  way  possible  on  transporta- 
tion matters. 

5.  Project  transportation  clerks,  duties  of. — A  clerk  on  each 
project  should  be  instructed  to  look  after  transportation  matters, 
to  receive  and  forward  shipments  for  the  Service  so  as  to  protect 
the  best  interests  of  the  Government  and  to  issue  and  execute  bills 
of  lading  in  payment  of  transportation  charges  in  a  manner  that 
will  be  acceptable  to  the  Treasury  Department  when  presented  as  a 
supporting  document  to  the  bill  of  the  transportation  company. 
The  transportation  clerk  and  others  having  to  do  with  shipments 
should  familiarize  themselves  with  the  instructions  covering  trans- 
portation and  comply  as  nearly  as  possible  therewith.    -The  pro- 
visions of  the  Western  Classification  should  be  observed,  shipments 
made  to  conform  thereto  and,  in  so  far  as  practicable,  in  such  con- 
dition as  to  provide  the  lowest  class  or  rate.     The  contracts  with 
railroad  companies  and  the  provisions  thereof  are  often  changed  so 
that  it  is  advisable  to  apply  to  the  transportation  office  for  definite 
information  concerning  rates  and  routing  when  needed.     The  trans- 


400  RECLAMATION     SERVICE     MANUAL. 

portation  office  should  be  advised  of  all  arrangements  made  with 
transportation  companies  that  will  affect  rates  or  conditions  on  their 
project.  If,  for  any  reason,  these  instructions  operate  against  the 
interests  of  a  project,  the  matter  should  be  explained  to  the  project 
engineer  who  should  write  the  Director  stating  the  facts.  Other- 
wise, it  will  be  assumed  they  are  being  followed. 

6.  Mail  shipments. — Advantage  should  be  taken  of  mail  ser- 
vice where  practicable;  the  postal  regulations  limit  the  weight  of 
single  packages  forwarded  from  all  offices  outside  of  Washington, 
D.  C.,  to  four  (4)  pounds,  except  that  packages  weighing  up  to 
eleven  (11)  pounds  may  be  forwarded  by  parcel  post.      (See  POS- 
TAL LAWS  AND  REGULATIONS,  PAR.   8.)     Explosives  and  break- 
able articles  cannot  be. shipped  by  mail,  and  liquids  require  special 
containers.     Penalty  labels  must  not  be  sent  to  dealers  to  be  used 
in  shipment  of  Government  property.     Important  articles  should 
be  registered,  careful  record  being  preserved  of  registry  numbers 
and  weights,  for  use  in  tracing  in  case  of  loss.    The  regular  registry 
fee  must  be  paid  at  all  offices  except  Washington,  D.  C. 

7.  Express  shipments. — The  Service  is  required  in  most  cases 
to  pay  the  regular  commercial  rate  on  express  shipments  so  that 
freight  service  should  be  used  whenever  time  and  other  conditions 
will  permit.     The  following  classes  of  shipments  should,  as  a  rule, 
be  forwarded  by  express : 

(a)  Instruments  and  articles  of  high  relative  value  where 
safety  and  care  in  handling  are  important  factors. 

(b)  Repair  parts  and  other  shipments  where  haste  is 
necessary. 

(c)  Small  shipments  where  express  charges  do  not  greatly 
exceed  the  freight  charges. 

In  general,  bills  of  lading  should  be  used  for  express  shipments 
and  the  accounts  paid  only  after  administrative  examination,  as 
for  shipments  by  freight.  Cash  payments  should  not  be  made 
when  bills  of  lading  can  possibly  be  used.  Where  cash  payment 
is  found  necessary  the  express  company's  receipt  should  be  obtained 
and  forwarded  with  the  voucher  for  repayment. 

8.  Valuation  on  express  shipments. — In  preparing  bills  of 
lading  for  express  shipments  they  should  be  endorsed  "Value  not 
stated"  and,  if  forwarding  agent  requests  this  information  it  should 
not  be  furnished  and  his  attention  called  to  the  endorsement;  this 


TRANSPORTATION  OF  COMMODITIES.  401 

will  obviate  all  charges  for  excess  valuation  and  at  the  same  time 
protect  the  best  interests  of  the  Service  in  case  of  loss. 

9.  Express  charges,  how  determined. — Express  charges  are 
based  on  a  graduated  scale  for  shipments  under  fifty  pounds,  which 
are  considerably  in  excess  of  charges  on  the  actual  weight  at  the  es- 
tablished rate  per  hundred  weight, 

10.  Express  requirement  as  to  weights  of  packages. — To  ag- 
gregate the  weight  of  two  or  more  packages  in  a  single  shipment 
and  figure  the  charge  on  the  combined  weight  the  rules  of  the  ex- 
press companies  make  it  necessary  to  recognize  a  minimum  weight 
of  twenty  pounds  for  each  separate  package  or  base  the  charge 
on  the  graduated  scale  and  actual  weight  for  each  package  not  so 
considered,  so  that  it  is  important  in  preparing  express  shipments  of 
twenty  pounds   or  more   that   each  package   weigh   the   required 
minimum. 

11.  Freight,  routing  of. — On  account  of  the  freight  contracts 
with  the  various  railroads  bills  of  lading  for  all  shipments  from 
points  east  of  the  Missouri  River  should  be  furnished  by  the  trans- 
portation ofHce,  if  possible.     This  can  be  done  by  incorporating  in 
orders,  "on  bill  of  lading  to  be  furnished  by  the  transportation 
agent,  777  Federal  Building,  Chicago,  111.,"  sending  a  carbon  copy 
of  such  order  to  the  transportation  agent.     In  cases  of  emergency 
purchase,  where  shipments  are  ordered  by  telegraph  and  allowed  to 
move  on  commercial  bill  of  lading,  this  will  not  be  feasible. 

12.  What  should  be  shipped  by  freight. — Articles  weighing 
over  four  pounds  should  be  shipped  by  freight  if  there  is  no  neces- 
sity for  quick  delivery  or  special  care  in  handling,  except  where 
minimum  freight  charge  equals  or  exceeds  parcel  post  or  express 
rates.      (See  paragraphs  6  and  7(0-)     Persons  in  charge  of  the 
preparation  of  articles  for  shipment  should  exercise  care  in  select- 
ing containers  and  in  assorting  and  placing  therein  the  things  to  be 
shipped.     Carriers  classify  property  transported  by  them,  for  the 
purpose  of  assessing  transportation  charges,  principally  on  the  fol- 
lowing bases:  (a)  ease  of  handling;  that  is,  whether  loose,  in  bulk, 
or  compactly  assembled;   (b)  liability  of  damage  in  handling,  re- 
ferring to  the  manner  in  which  articles  are  encased  or  packed,  as — 
boxed  or  barrelled,  wrapped,  roped,  wired,  strapped  or  nested ;  and 
(c)  the  bulk  of  space  occupied  in  cars  or  freight  houses. 

13.  Combining  freight  shipments  of  different  classes. — Arti- 
cles taking  different  classifications  should  not  be  combined  in  one 


402  RECLAMATION     SERVICE     MANUAL. 

package,  as  the  rate  assessed  for  the  entire  package  will  be  that 
of  the  article  taking  the  highest  classification. 

14.  Point  of  delivery. — All  purchases  of  material  and  sup- 
plies should  in  general  be  made  free  on  board  (f.  o.  b.)   cars  at 
some  specified  shipping  point;  and  in  territory  where  the  Service 
has    favorable  contracts  with  only  certain  railroads,  the    specifica- 
tions should  read,  "f.  o.  b.  cars  on  tracks  of"  these  special  rail- 
roads.    Some  articles,  however,  such  as  electric  lamps,  sapolio,  to- 
bacco, etc.,  can  be  bought  f.  o.  b.  point  of  delivery  at  the  same  price 
as  f.  o.  b.  point  of  shipment  and  care  should  be  observed  in  such 
instances  in  giving  shipping  directions  to  observe  contract  roads  in 
routing  in  order  that  refund  may  be  obtained,  on  expense  bills  as 
described  in  paragraph  50. 

15.  Partial  prepayment  of  charges,  securing  delivery  after. — 
If  goods  bought  f.  o.  b.  cars  at  destination  are  received  with  charges 
not  prepaid  or  only  partially  prepaid  by  the  shipper,  the  engineer 
may  in  exchange   for  the  original  receipted  railroad   freight  or 
expense  bill  of  the  delivering  agent,  showing  the  amount  prepaid, 
if  any,  and  the  amount  still  due  at  destination,  issue  a  bill  of  lading 
to  secure  immediate  delivery  of  the  shipment,  being  sure  to  first 
endorse  on  the  bill  of  lading  plainly  and  in  ink  the  amount  prepaid 
by  shipper  so  that  it  can  be  deducted  from  the  bill  of  the  transpor- 
tation company  in  final  settlement.     If  the  agent  declines  to  sur- 
render the  original  receipted  freight  bill,  which  is  necessary  to  secure 
credit  from  the  shipper  for  the  amount  of  unpaid  freight  charges, 
issue  a  temporary  receipt  and  take  up  with  the  transportation  office. 
See  paragraph  40  for  method  of  issuing  bill  of  lading  in  the  ab- 
sence of  regularly  issued  bill  of  lading. 

Where  only  a  portion  of  the  freight  charges  are  to  be  paid  by 
shipper,  as  for  example  a  shipment  for  Denver  bought  f.  o.  b. 
Chicago  and  t  shipped  from  Pittsburg,  delivery  may  be  obtained  in 
the  same  manner,  endorsing  any  amount  prepaid  by  shipper  on  the 
bill  of  lading  and  referring  to  transportation  office,  for  correct 
amount  to  deduct  on  voucher  to  protect  terms  of  purchase.  (See 
par.  40.) 

16.  Ownership    of   property   in    transit.— All  purchases  are 
Service  property  at  the  point  of  free  delivery,  unless  the  contract 
or  purchase  order  specifically  states  otherwise,  and  must  be  paid  for 
whether  delivered  to  the  project  or  not.     If  goods  are  lost  en  route 


TRANSPORTATION  OF  COMMODITIES.  403 

the  transportation  company  is  responsible  and  claim  should  be  made 
for  the  amount  thereof. 

17.  Carloads  and  less  than  carloads. — Shipments  in  excess  of 
one  or  more  but  less  than  two  or  more  full  carloads  should  be 
shipped  to  provide  for  carload  rate  applying  on  the  entire  lot  when- 
ever authorized  by  Rule  VIII  of  Western  Classification  covering 
"shipments  in  excess  of  one  or  more  full  carloads,"  which  will  also 
apply  on  shipments  of  machinery  weighing  not  less  than  24,000 
pounds.     In  such  cases  the  shipper  should  be  specifically  instructed 
to  make  at  least  one  full  carload  and  the  part  carload  in  one  day 
and  on  one  bill  of  lading  in  accordance  with  the  Rule.     Rule  VIII 
of  the  Western  Classification  referred  to  above  is  as  follows : 

WESTERN    CLASSIFICATION    NO.    50,    RULE    NO.    VIII, 

(Effective  May  1,  1911.) 

"When  the  minimum  carload  weight  or  more  of  one  arti- 
cle is  shipped  in  one  day  by  one  consignor  to  one  consignee, 
covered  by  one  bill  of  lading,  the  established  rate  for  a  car- 
load shall  apply  on  the  entire  lot,  although  it  may  be  less  than 
two  or  more  full  carload  lots.  The  first  car  or  cars  must  be 
loaded  to  their  full  capacity,  and  are  subject  to  established 
rules  for  minimum  weights,  the  actual  weight  of  the  balance, 
provided  it  is  loaded  in  a  box  car,  to  be  charged  for  at  the 
carload  rate,  reference  being  made  on  the  waybill  for  the 
balance  of  the  lot  to  the  waybill  for  the  full  carload  or 
lots.  This  is  intended  to  apply  on  all  articles  that  are  classi- 
fied in  both  less  than  carloads,  and  in  carloads  in  the  num- 
bered and  lettered  classes,  except  on  carload  freight  taking 
minimum  weights  of  less  than  30,000  Ibs.,  carload  freight 
subject  to  Rule  6-B  and  shipments  of  Agricultural  Imple- 
ments (including  Hand  Implements),  Vehicles,  Parts  of 
Vehicles,  Live  Stock,  Furniture,  Lumber,  Articles  taking 
Lumber  Rates,  Sash,  Doors,  Blinds,  Scrap  Iron  and  junk, 
and  all  shipments  any  part  of  which  is  loaded  in  refrigerator 
or  tank  cars ;  in  such  cases  excess  lots  will  be  charged  for  at 
less  than  carload  rate." 

18.  Describing  contents  of  less-than-carload  shipments. — In 
less-than-carload  shipments  the  packages  should  be  itemized  and' 
described  by  containers  and  contents,  using  commercial  terms  as  far 
as  possible,-  and  the  Veights  should  be  extended  for  each  item  to 
enable  adjusting  freight  charges,  bearing  in  mind  that  the  method 


404:  RECLAMATION     SERVICE     MANUAL. 

of  packing  (as  knocked  down,  in  boxes,  crated,  nested,  etc.)  affects 
the  classification  as  well  as  does  the  commodity  itself. 

19.  Live  stock. — Nearly  all  railroads  provide  for  the  shipment 
of  live  stock  on  the  execution  of  a  live  stock  contract.     Such  a  con- 
tract is  not  necessary  when  shipment  is  made  on  Service  bill  of  lad- 
ing where  the  clause  "the  articles  shipped  are  at  owner's  risk  where 
the  railroad  tariff  provides  lower  rates  on  that  account  and  at  com- 
pany's risk  where  the  tariff  makes  no  such  provision,"  is  sufficient 
authority  to  enable  settlement  of  the  bill  for  charges  on  the  basis 
of  the  tariff  rate.     An  attendant  or  attendants,  accompanying  live 
stock,  where  they  would  be  entitled  to  free  transportation  under  a 
live  stock  contract  as  mentioned  above,  are  also  entitled  to  free 
transportation  when  the  stock  is  shipped  on  a  Government  bill  of 
lading.     Should  the  representative  of  a  transportation  company  in- 
sist, however,  a  live  stock  contract  may  be  executed  and  attached 
to  and  made  a  part  of  the  Government  bill  of  lading,  a  notation  to 
this  effect  being  made  on  the  bill  of  lading. 

20.  Tracing   shipments    in   transit. — Tracing    shipments    in 
transit  should  be  resorted  to  in  emergency  cases  only,  on  account  of 
the  expense  involved  in  telegrams  and  correspondence,  as  well  as  to 
insure  efficient  service  from  the  carriers  when  tracing  is  actually 
important.     Tracing  a  shipment  cannot  accelerate  its  movement 
except  in  case  of  blockade  or  accident,  which  is  unusual.     The 
movement  of  freight  in  transit,  both  carload  and  less  than  carload, 
is  on  regular  schedules  which  the  successful  operation  of  the  line 
necessitates  be  adhered  to.    On  carload  shipments  tracing  will  some- 
times result  in  reducing  "dead  time"  at  junction  and  division  points 
or  where  repairs  are  found  necessary  to  equipment  while  in  transit, 
all  of  which  justifies  necessary  tracing,  but  on  less  than  carload  ship- 
ments requests  should  be  confined  to  the  actual  needs  of  the  project 
or  where  shipments  are  found  to  be  overdue  at  destination. 

21.  Commercial  bills  of  lading  and  shipping  receipts. — A  uni- 
form bill  of  lading  provides  a  receipt  for  and  a  contract  to  trans- 
port a  shipment  between  two  given  points  at  a  stipulated  rate.     A 
shipping  receipt  is  the  receipt  issued  by  the  forwarding  agent  of  a 
transportation  company  to  the  shipper  or  consignor.     It  is  signed 
by  the  agent  of  the  transportation  company  and  may  be  executed 
on  a  special  printed  form  of  shipping  directions  furnished  by  the 
shipper  or  the  regular  form  of  the  transportation  company.     The 
shipping  receipt  is  a  negotiable  instrument  and,  to  all  intents  and 


TRANSPORTATION  OF  COMMODITIES.  405 

purposes,  a  bill  of  lading,  or  it  can  be  exchanged  for  a  formal  bill 
of  lading.  If  either  a  bill  of  lading  or  a  shipping  receipt  is  regularly 
receipted  by  the  forwarding  agent  or  authorized  official  of  the  trans- 
portation company  receiving  the  shipment,  it  can  be  properly  called  a 
commercial  bill  of  lading.  If,  however,  it  does  not  carry  the 
signature  of  the  forwarding  agent  or  proper  official,  it  is  of  no 
value  except  as  a  memorandum. 

22.  Government  bills  of  lading  (Form  7-730). — A  Govern- 
ment bill  of  lading  covers  a  shipment  from  the  time  it  is  received 
by  a  transportation  company,  to  be  forwarded,  until  it  is  delivered 
to  the  consignee.     Only  one  bill  of  lading  should  be  issued  for  one 
shipment,  even  though  the  shipment  may  pass  over  two  or  more 
roads.     When  issued  the  bill  of  lading,  properly  executed  by  the 
agent  of  the  transportation  company,  should  be  immediately  mailed 
by  the  consignor  to  the  consignee  and  it  should  not  pass  into  the 
possession  of  the  transportation  company  until  the  shipment  is  re- 
ceived in  a  satisfactory  condition  by  the  consignee  and  the  con- 
signee's certificate  of  delivery  duly  executed. 

23.  Bills  of  lading,  importance  of  using. — Because    of    the 
statutory  advantage  of  transportation  of  public  property  over  land- 
grant  lines;  of  agreements  of  non-land-grant  roads  to  equalize 
charges;  and  of  concessions  by  contracts  with  the  Reclamation 
Service,  all  railroad  bills  for  freight,  the  expense  of  which  falls 
on  the  Reclamation  Service,  should  be  examined  and,  if  necessary, 
corrected  before  payment  is  made,  so  that  the  use  of  Government 
bills  of  lading  is  desirable.  Should  a  shipment  of  public  property 
passing  over  a  land-grant  or  bond-aided  road  be  made,  through 
error  or  ignorance,  on  a  commercial  bill  of  lading  or  shipping 
receipt,  and  freight  charges  be  prepaid,  or  paid,  in  full  or  in  part 
by  cash,  the  United  States  will  repay  only  the  net  charges  or  the 
commercial  charges  less  deductions  on  account  of  land  grant.    The 
difference  between  the  net  cash  charges  and  the  commercial  charges 
paid  will  have  to  be  borne  by  the  party  making  such  payment,  whose 
only  recourse  will  be  to  make  claim  on  the  transportation  company 
for  return  of  the  overpayment. 

24.  Disposition  of  spoiled  or  canceled  bills  of   lading. — All 
bills  of  lading  spoiled  or  voided  should  be  sent  to  the  transportation 
office  to  be  placed  in  canceled  bill  of  lading  file  and  appropriate 
record  made  on  office  memorandum. 

25.  How  to  prepare. — A  bill  of  lading  should  be  filled  in  on  a. 


406  RECLAMATION     SERVICE     MANUAL. 

typewriter  as  far  as  practicable  or,  if  this  is  not  feasible,  it  should 
be  filled  in  by  means  of  an  indelible  pencil  or  a  manifolding  pen. 
By  the  use  of  carbons  a  duplicate  and  a  triplicate  of  the  entries 
should  be  executed  on  form  7-730a  and  7-730b,  one  as  a  shipping 
order  to  be  used  by  the  railroad  agent  in  way-billing  and  the  other 
for  the  records  of  the  issuing  office,  but  these  forms  should  never 
be  substituted  for  an  original  bill  of  lading. 

26.  Transportation  company  must  be  protected  on  all  legiti- 
mate charges. — Unpaid  transportation  charges  and  charges  in- 
cidental thereto,  such  as  car  service,  switching,  storage,  transfer  and 
cooperage  in  transit,  are  a  lien  against. the  freight  and  must  be  paid 
by  the  consignee  before  delivery.    This  applies  equally  to  shipments 
moving  on  Government  bills  of  lading,  and  by  accepting  a  ship- 
ment, consignee  assumes  to  protect  the  delivering  agent  on  all  legi- 
timate charges.     If  shippers  allow  such  charges  to  follow,  even 
though  not  in  accordance  with  terms  of  purchase,  the  transporta- 
tion companies  must  be  paid  on  the  bill  of  lading  and  redress  se- 
cured from  the  shipper  for  any  loss  to  the  Service. 

27.  Bills  of  lading,  sent  to  vendors. — In  all  cases  where  bills 
of  lading  are  sent  to  vendors,  project  offices  should  fill  the  same  out 
as  completely  as  possible  in  accordance  with  the  terms  of  purchase 
and  on  return  by  the  vendors  it  should  be  carefully  checked  with 
office  copies  to  see  that  no  change  has  been  made  in  shipping  point, 
routing  or  other  conditions  that  might  result  in  additional  trans- 
portation charges.     Such  information  as  is  not  available  at  the  time 
of  first  writing  the  bill  of  lading  should  be  inserted  in  the  office 
copy  when  it  becomes  known. 

28.  Bills  of  lading,  when  to  issue. — Government  bills  of  lad- 
ing should  be   issued,   if  possible,   for  every  shipment  on   which 
freight  or  express  charges  are  to  be  paid  by  the  United  States. 
They  should  never  be  used  for  shipments  of  goods  that  are  bought 
free  on  board  cars  at  destination  or  on  which  charges  are  not  to  be 
paid  by  the  United  States,  except  for  insufficient  prepayment,  etc., 
as  provided  in  paragraphs  15  and  33. 

29.  Special  service. — Special  service  should,  when  possible, 
be  endorsed  on  the  bill  of  lading  covering  the  original  shipment 
and,  where  a  separate  bill  of  lading  is  necessary  it  should  contain 
complete  reference  to  the  former  bill  of  lading.      (-See  also  par. 
47-} 


TRANSPORTATION  OF  COMMODITIES.  407 

30.  Bill  of  lading,  accomplished,  what  should  appear  on. — 

(a)  The  correct  project  charge  (see  also  par.  42). 

(b)  Date  and  place  of  shipment,  consignor  and  transportation 
company  via  which  forwarded. 

(c)  Points  from  and  to  which  charges  are  to  be  paid  on  the  bill 
of  lading. 

(d)  Complete  routing  where  more  than  one  transportation  com- 
pany is  involved. 

(e)  Marks  which  should  agree  with  those  shown  on  the  various 
packages. 

( f )  Number  and  kind  of  packages  or  containers,  and  accurate  de- 
scription of  contents,  using  commercial  terms  as  far  as  possible, 
and  the  separate  weight  of  each  of  the  different  articles  or  of  the 
different  kind  of  containers  used  (see  also  pars.  12,  13  and  18). 

(g)  On  carload  shipments  the  car  initials  and  number  should  be 
endorsed  on  the  bill  of  lading  and,  when  available,  the  delivering 
agent  should  be  requested  to  show  on  the  bill  of  lading  the  gross, 
tare  and  net  weight  of  the  carload  and  where  weighed.     This  in- 
formation is  important  in  determining  correct  minimum  weights, 
authorized  allowances  for  dunnage,  etc.  (see  also  par.  j/). 

(h)  Receipt  of  forwarding  agent  of  transportation  company, 
which  should  be  the  same  company  as  shown  in  the  heading  of  bill 
of  lading. 

(i)  Consignor's  certificate,  showing  date,  point  from  which  ship- 
ment is  made,  which  should  be  the  same  as  point  from  which  charges 
are  to  be  paid  in  heading  of  bill  of  lading,  shipping  weight  and  the 
signature  of  consignor. 

( j )  Certificate  of  delivery  showing  date,  point  at  which  actual  de- 
livery was  effected,  which  should  be  the  same  point  to  which  freight 
charges  are  to  be  paid  as  shown  in  heading  of  bill  of  lading,  actual 
weight  delivered,  which  should,  except  in  case  of  loss,  be  the  same 
as  the  total  itemized  weight  shown  in  the  body  of  the  bill  of  lading, 
due  allowance  to  be  made,  of  course,  for  natural  shrinkage,  etc.,  and 
receipt  of  the  consignee  (see  also  par.  36). 

(k)  Complete  record  of  loss  or  damage  with  weight  and,  in  case 
of  damage,  the  disposition  made  of  such  article,  invoice,  cost  and  any 
other  information  that  will  explain  and  assist  in  prompt  adjustment 
of  this  item  with  the  transportation  companies  (see  also  pars.  43, 
44,  45  and  46). 


408  RECLAMATION     SERVICE     MANUAL. 

(1)  Record  of  any  special  service  that  is  to  be  paid  on  the  bill  of 
lading.  This  includes  any  expense  incidental  to  transportation  that 
may  be  incurred  and  which  is  payable  to  the  transportation  com- 
pany (see  also  pars.  26,  29  and  47}. 

31.  Car  numbers  and  initials  to  be  noted  on  bills  of  lading. 
— On  carload  shipments  the  car  number  and  initial  should  be  noted 
on  both  the  original  and  office  copy  of  bill  of  lading,  and  on  ship- 
ments requiring  closed  cars  for  protection  against  loss  a  complete 
record  of  seals  on  the  car  as  received  should  also  be  made  on  office 
copy  for  future  reference.' 

32.  Bills  of  lading  to  be  sent  to  consignee. — All  bills  of  lading 
should  be  sent  to  consignee  promptly  on  date  of  shipment,  as  failure 
to  do  so  may  result  in  delay  of  delivery. 

33.  Freight  not  chargeable  to  the  Service. — When  necessary 
to  accomplish  a  bill  of  lading  for  freight  not  chargeable  to  the  Ser- 
vice, as  on  shipments  insufficiently  prepaid,  the  original  receipted 
freight  bill  should  invariably  be  secured  from  the  railroad  agent. 
The  amount  prepaid  should  be  endorsed  on  any  bill  of  lading  issued 
under  such  circumstances.      (See  also  par.   15.) 

34.  Accomplishing  bills  of  lading. — Upon  notification  by  the 
railroad  agent  of  arrival  of  the  property,  the  consignee  should  take 
the  bill  of  lading  (originally  received  by  mail)  to  the  station  or 
siding  and  carefully  check  the  packages  and  contents  in  so  far  as 
he  is  able  to  do  so.    If  the  property  is  as  represented  on  the  bill  of 
lading  and  in  good  condition,  he  should  complete  the  certificate  of 
delivery  and  surrender  the  bill  of  lading,  thereby  accepting  delivery 
of  the  shipment.     If  the  property  is  not  as  represented  a  notation 
should  be  made  on  the  bill  of  lading  as  to  shortage  or  bad  order, 
giving  extent  and  value  when  possible.     In  accomplishing  a  bill  of 
lading  consignee  should  bear  in  mind  that  it  represents  the  basis  on 
which  payment  of  charges  will  be  made  by  the  Treasury  Department 
and  that  discrepancies  or  errors  will  result  in  delay  in  settlement  and 
a  possible  disallowance  of  charges  represented  thereby. 

35.  No  charges  to  be  paid  by  consignee. — The    consignee 
should  pay  no  freight  or  express  charges.     The  accomplished  bill  of 
lading  serves  the  delivering  agent  as  a  voucher  for  all  charges  and 
will  be  handled  by  him  as  such,  which  charges  will  be  paid  through 
the  Treasury  Department  on  presentation  of  an  account  from  the 
last  carrier,  accompanied  by  the  bill  of  lading. 

36.  Essentials  to  be  noted  in  consignee's   certificate. — Con- 


TRANSPORTATION  OF  COMMODITIES.  409 

signee's  certificate  of  delivery  should  be  executed  as  at  the  point  at 
which  shipment  is  actually  delivered.  The  weight  entered  therein 
should  be  the  actual  weight  received  regardless  of  weights  used  by 
the  shippers  or  by  the  transportation  companies.  Any  loss,  dam- 
age, or  special  service,  i.  e.,  demurrage,  switching  charges,  etc., 
should  be  shown  in  accordance  with  the  form  provided  and  the  sig- 
nature in  each  case  should  be  in  full  and  in  ink.  Before  surrender 
to  agent  it  should  be  checked  and  any  discrepancies  explained  by 
notation  or  correction  on  the  bills  of  lading,  and  properly  initialed. 

37.  Errors,  to  be  guarded  against. — Aside  from  delays  caused 
by  their  incomplete  execution,  the  greatest  delay  in  settling  bills  of 
lading  is  caused  by  discrepancies  in  destination,  the  contract  showing 
one  destination  and  the  certificate  of  delivery  another,  and  by  dis- 
crepancies in  weights  as  between  the  body  of  the  bill  of  lading  and 
the  two  certificates. 

38.  When  notations  should  be  made  on  bills  of  lading. — It 
is  necessary  that  all  differences  be  corrected  or  explained  before  a 
bill  of  lading  will  be  accepted  by  the  Treasury  Department  and  such 
corrections  can  be  made  only  by  the  receiving  clerk  without  involv- 
ing correspondence.     The  receiving  clerk  is  in  position  to  check 
differences  and  make  necessary  corrections  or  explanations  without 
delay  or  inconvenience  and  will  be  held  responsible  for  the  correct- 
ness and  completeness  of  all  bills  of  lading  accomplished  by  him. 

39.  Certificate  in  lieu  of  lost  bill  of  lading. — The  Treasury 
regulations  provide  that  "only  one  bill  of  lading  will  be  issued  for  a 
single  shipment,"  and  "in  no  case  will  a  second  bill  of  lading  be 
issued  after  the  transportation  has  been  performed."     It  is  further 
provided  that  in  case  of  the  loss  of  a  bill  of  lading  a  certificate 
(Form  7-731)   shall  be  given  in  lieu  thereof.     The  loss  of  a  bill 
of  lading  may  occur  under  two  circumstances : 

(a)  After    the    carrier's    agent    at    the    originating   point    has 
receipted  for  shipment  on  a  bill  of  lading,  but  before  receipt  of  the 
shipment  at  its  destination. 

(b)  After  the  receipt  of  shipment  at  destination  and  the  delivery 
of  an  accomplished  bill  of  lading  to  the  agent  of  the  transportation 
company. 

In  either  case  it  will  be  proper  to  issue  a  certificate  in  lieu  of 
lost  bill  of  lading  (Form  7-731)  which  shall  be  given  the  same 
number  as  that  of  the  bill  of  lading  for  which  it  is  issued,  in  accord- 
ance with  the  following  rules : 


410  RECLAMATION     SERVICE     MANUAL. 

(a)  When  a  bill  of  lading  has  been  lost  before  being  accom- 
plished and  delivered  to  the  agent  of  the  transportation  company 
a  temporary  receipt  (Form  7-735),  to  be  later  taken  up,  may  be 
given  to  the  transportation  company's  agent  in  order  to  secure 
delivery  of  the  shipment.  A  letter  should  then  be  written  to  the 
consignor  (a  copy  being  sent  to  the  transportation  office),  request- 
ing the  return  of  bill  of  lading,  and  if  it  cannot  be  found  a  statement 
to  that  effect,  together  with  complete  data  as  to  date,  weights, 
description  and  routing  of  the  shipment  should  be  furnished.  Upon 
receipt  of  this  information  in  lieu  of  bill  of  lading  a. certificate  on 
Form  7-731  should  be  prepared  and  sent  to  the  consignor  for  certifi- 
cation and  upon  its  return  duly  certified  it  should  be  delivered  to 
the  agent  of  the  transportation  company  in  exchange  for  the  tem- 
porary receipt. 

(b).  If  a  bill  of  lading  has  been  accomplished  and  delivered  to 
the  transportation  company  and  is  by  it  claimed  to  be  lost,  a  certifi- 
cate may  be  issued  by  the  transportation  office  only.  In  such  a  case 
that  office  will  secure  a  copy  of  the  bill  of  lading  as  executed,  also 
a  statement  from  the  consignee  as  to  conditions  (loss  or  damage) 
of  shipment  at  destination  and  statement  from  consignee,  consignor 
and  the  transportation  company  that  the  lost  bill  of  lading  is  not 
in  their  possession.  A  certificate  on  Form  7-731  will  then  be  pre- 
pared and,  after  proper  certification  by  consignor  and  consignee, 
will  be  delivered  by  the  transportation  office  to  the  auditor  of  the 
delivering  transportation  company.  Should  a  bill  of  lading  become 
misplaced  or  lost  before  being  executed  to  the  extent  outlined 
herein,  the  facts  will  be  reported  to  the  transportation  office  for 
record  but  no  certificate  in  lieu  of  lost  bill  of  lading  should  be  issued. 

40.  Absence  of  bill  of  lading. — When  shipments  arrive  at  des- 
tination, no  bill  of  lading  having  been  issued,  a  certificate  in  lieu  of 
a  lost  bill  of  lading  manifestly  cannot  be  issued,  neither  can  a  true 
bill  of  lading  be  issued,  but  a  bill  of  lading  form  can  be  used  to 
describe  the  shipment,  giving  all  the  essential  data  such  as  points 
of  origin  and  destination,  routing,  description  and  weight  of  the 
shipment.  The  certificate  of  consignee  should  be  filled  out  and 
signed  by  the  person  receiving  the  shipment.  The  consignor's  cer- 
tificate and  the  body  of  the  bill  of  lading  should  be  completely  filled 
out,  but  neither  should  be  signed.  The  following  certificate  should 
be  either  stamped  or  written  across  the  face  of  the  form : 

"This  document  is  issued  at  destination  in  the  absence 


TRANSPORTATION  OF  COMMODITIES.  411 

of  a  bill  of  lading,  to  secure  the  delivery  of  freight  described 
and  to  serve  as  a  voucher  to  support  -the  transportation 
company's  claim  for  carriage  charges." 

Forms  should  not  be  used  in  this  manner  on  insufficient  informa- 
tion; confer  with  the  delivering  agent,  if  necessary,  and  be  sure  the 
document  covers  correctly  the  actual  service  rendered.  When  a 
shipment  arrives  at  destination  in  advance  of  the  bill  of  lading  cov- 
ering, a  temporary  receipt  (Form  7-558)  should  be  issued  to  se- 
cure immediate  delivery  and  prompt  action  taken  to  locate  the  out- 
standing bill  of  lading.  When  bill  of  lading  is  finally  executed  and 
surrendered  to  delivering  agent,  the  temporary  receipt  must  be 
taken  up  and  destroyed. 

41.  Deductions  from  purchase  invoices  account  errors  in  ship- 
ment.— If  in  any  case  the  terms  of  purchase  have  not  been  com- 
plied with  by  shippers  the  matter  should  be  taken  up  with  the  trans- 
portation office,  to  ascertain  the  correct  amount  to  deduct  in  settle- 
ment with  shippers,  indicating  on  voucher  in  payment  for  the  goods 
"deduction  account  of  freight  charges  paid  by  Government  bill  of 
lading,  No. ." 

42.  Notation  of  project  charges. — Project  charges  as  shown 
in  space  provided  on  bills  of  lading  should  be  uniform  and  confined 
strictly  to  the  project  chargeable.     The  railroads  in  making  claims 
against  the  Service,  include  in  a  single  claim  all  bills  of  lading  show- 
ing like  project  charges.     If  project  charges  on  bills  of  lading 
chargeable  to  a  single  project  bear  notations  slightly  different,  it 
results   in   the   railroad   preparing   a   number   of   separate   claims 
dependant  upon  the  variety  of  the  titles  used. 

43.  Short  and  bad  order  shipments  on  Government  bills  of 
lading. — In  every  case  of  loss  noted  on  a  bill  of  lading  the  de- 
livering agent  should  be  notified  and  given  opportunity  to  investi- 
gate, so  that  when  the  bill  of  lading  comes  up  for  settlement  the 
transportation  company  cannot  claim  that  it  has  no  record  of  the 
loss;  such  investigation  by  the  agent  should  be  made  at  the  actual 
time  of  delivery.     Except  in  cases  of  "concealed  loss  or  damage," 
unless  an  accomplished  bill  of  lading  bears  notation  to  the  con- 
trary it  is  assumed  that  the  shipment  has  been  delivered  in  the  same 
condition  as  when  received,  and  the  Service  has  no  redress  there- 
after for  any  damage  that  may  have  occurred  in  transit.     All  ship- 
ments should  therefore  be  inspected  and  checked  so  far  as  possible 


412  RECLAMATION     SERVICE     MANUAL. 

before  the  receipt  on  the  bill  of  lading  is  signed  by  the  consignee. 
Any  actual  shortage  or  damage  to  a  shipment  received  on  a  Govern- 
ment bill  of  lading  should  be  noted  .on  the  instrument  in  such  man- 
ner as  to  enable  adjustment  to  be  made  with  the  transportation  com- 
pany; the  amount  of  damage  in  money  value  should  be 
given.  In  case  of  loss  of  weight  or  of  packages  or  of  the  contents 
of  packages  the  weight  lost  and  the  number  of  packages  or  articles 
missing  should  be  entered  on  the  bill  of  lading.  Should  an  entire 
shipment  check  short  or  should  it  be  found  damaged  to  such  an  ex- 
tent as  to  be  worthless,  it  should  be  refused  and  the  bill  of  lading 
sent  to  the  transportation  agent  with  a  letter  of  explanation  to  be 
used  as  a  basis  for  claim. 

44.  Loss  or  damage  clearly  not  chargeable  to  transportation 
company. — Notation  of  loss  or  damage  should  not  be  made  on 
bills  of  lading  when  it  is  clear  that  such  loss  or  damage  is  not 
chargeable  to  the  company,  where  there  has  been  no  monetary  loss, 
or  where  the  damage  is  of  no  appreciable  consequence.    On  ship- 
ments of  brick,  cement,  sewer  pipe,  tile  and  material  of  like  nature  a 
reasonable  allowance  should  be  made  for  natural  loss  and  breakage 
in  transit  except  where  shipments  have  been  transferred  or  show 
evidence  of  having  been  in  a  wreck.     Apparent  shortages  should 
be  carefully  rechecked  in  all  cases,  the  actual  shortage  positively 
established  and  a  complete  record  kept  of  all  the  facts. 

45.  Disposition   of   damaged    articles   should   be    shown. — 
Where  notations  of  damage  are  made  to  cover  invoice  value,  dis- 
position of  the  damaged  article  should  be  noted  also.     If  not  left  in 
possession    of    the    transportation    company    it    should    be    stated 
whether  any  allowance  should  be    made  for    salvage,  and    what 
amount. 

46.  Concealed  loss  or  damage. — In   some   cases   shipments 
received  are  apparently  in  good  condition  but  losses  or  shortages  are 
discovered  on  opening  the  packages ;  or  it  may  be  that  the  damage 
or  breakage  cannot  be  discovered  until  the  crating,  boxing  or  other 
covering  is  removed  from  the  articles.     This  is  commonly  termed 
"concealed  loss  or  damage"  and  carriers  are  prima  facie  liable 
therefor.     Such  loss  or  damage  should,  however,  be  supported  by 
affidavit  of  the  shipper  that  the  articles  were  shipped  in  good  order 
and  the  affidavit  of  the  consignee  stating  the  exact  loss  or  damage 
and  the  invoice  value.    As  many  shipments  are  hauled  by  wagon  a 
considerable  distance  before  unpacking  the  packages  or  cases  should 


TRANSPORTATION  OF  COMMODITIES.  413 

be  carefully  examined  and  investigation  made  as  to  the  probability 
of  the  loss  or  damage  having  actually  occurred  while  in  possession 
of  the  carrier.  Every  fact  in  connection  therewith  should  be  made 
a  matter  of  record  and  a  letter  written  the  delivering  agent  setting 
forth  the  loss  in  detail,  giving  the  bill  of  lading  number,  and  a  copy 
of  the  letter  sent  to  the  transportation  agent. 

47.  Demurrage  and  switching  charges. — When  demurrage, 
car  service  or  storage,  as  it  is  legally  designated,  is  necessary  on  ac- 
count of  the  inability  of  the  engineer  to  unload  and  release  a  car, 
the  bill  of  lading  should  be  held,  if  possible,  until  the  freight  is  un- 
loaded and  the  car  released.     The  railroad  agent  has  a  right  to  de- 
mand the  surrender  of  the  bill  of  lading  as  soon  as  the  car  is  turned 
over  to  the  consignee  and,  should  he  do  so,  it  should  be  so  delivered, 
his  attention  being  called  to  the  advisability  of  his  retaining  the 
bill  of  lading  until  the  car  is  released  in  order  that  a  proper  nota- 
tion as  to  the  demurrage  may  be  entered  thereon. 

48.  Notations  on  bills  of  lading  for  special  service. — If  switch- 
.ng  or  other  service  is  performed  in  addition  to  actual  transporta- 
tion of  the  property,  such  facts  should,  if  possible,  be  indicated  on 
the  bill  of  lading  covering  the  freight  charges,  setting  forth  the  ad- 
ditional charges  therefor.    Where  it  is  impossible  to  have  demur- 
rage, switching,  or  other  special  service  noted  on  the  bill  of  lading 
covering  the  freight  charges  and  a  second  bill  of  lading  is  accom- 
plished therefor  it  should  be  endorsed  "for  special  service  only, 

freight  charges  from to 

paid  by  bill  of  lading ,"  and  signed  by  the  parties 

executing  the  special  service  bill  of  lading.    If  a  special  service  bill 
of  lading  is  issued  for  a  shipment  purchased  f.  o.  b.  cars  at  destina- 
tion or  after  car  has  arrived  at  unloading  point  the  signed  notation 
should  read,  "for  special  service  only,  incurred  by  U.  S.  Reclama- 
tion Service ;  shipment  purchased  on  cars  at , 

no  other  bill  of  lading  issued."     Absence  of  this  information  on 
such  bills  of  lading  will  necessitate  correspondence.    When  the  Ser- 
vice pays  for  demurrage  or  storage  it  is  entitled  to  remuneration 
for  any  damage  or  loss  that  may  occur  before  delivery  of  the  prop- 
erty.    All  notations  of  loss  or  special  service  should  be  properly 
signed  as  provided 'by  the  bill  of  lading. 

49.  Shipments  to  points  where  there  are  no  freight  agents. 
— Shipments  must  not  be  destined  to  a  non-agency  station  unless 
charges  are  prepaid    The  railroads  will  upon  request  issue  instruc- 


414  RECLAMATION     SERVICE     MANUAL. 

tions  to  local  trainmen  and  agents  to  deliver  shipments  at  prepaid 
stations  and  allow  surrender  of  the  bills  of  lading  to  the  nearest 
railroad  agent.  This  arrangement  can  be  made  by  the  engineer 
if  convenient,  notifying  the  transportation  agent  or  will  be  made 
by  the  transportation  agent  on  request,  and  is  the  only  way  actual 
prepayment  of  charges  on  such  a  shipment  can  be  avoided.  How- 
ever, such  local  arrangement  does  not  obviate  the  difficulty  when 
a  shipment  is  ordered  from  some  point  on  a  connecting  line  or  even 
a  remote  point  on  the  same  system.  If  a  shipment  is  tendered  for 
a  non-agency  station  without  prepayment  the  railroad  will  bill  it 
to  the  next  agency  point  beyond  and  notify  consignee  by  mail ;  there- 
fore, when  ordering  shipments  for  delivery  at  a  non-agency  station, 
the  bill  of  lading  and  shipping  order  should  show,  in  space  for 
destination,  the  name  of  the  first  agency  station  beyond,  and  imme- 
diately following  such  destination,  in  parentheses,  "For 

Station,"  giving  name  of  prepaid  station.  This  will  cover  transpor- 
tation to  the  division  on  which  destination  is  located,  after  which 
the  local  arrangement  will  insure  the  required  delivery. 

50.  Expense  bills. — For  each  shipment  of  freight  used,  or  to 
be  used,  on  work  of  the  Reclamation  Service,  where  transporta- 
tion charges  are  not  covered  by  Government  bill  of  lading,  a  copy 
of  the  expense  bill  should  be  sent  to  the  Transportation  Office  at 
Chicago,  to  be  used  in  securing  any  refund  due  from  the  transpor- 
tation companies  under  freight  agreement.  Copies  of  expense  bill 
should  be  completely  and  legibly  made  out  as  to  waybill  reference, 
date,  originating  point,  destination,  etc.  Most  reclamation  con- 
tracts provide  that  contractors  shall  furnish  to  the  engineer  copies 
of  the  expense  bills  for  machinery,  materials  and  supplies  shipped 
to  or  from  the  project  in  connection  with  the  work  under  the  con- 
tract. The  project  engineer  should  see  that  expense  bills  are  fur- 
nished on  all  shipments  at  reasonable  intervals.  If  contractors  are 
not  required  to  furnish  such  copies,  the  engineers  should  secure 
from  each  contractor  signed  authorizations  for  the  railroad  agents 
at  the  delivery  points  to  furnish  the  copies  of  all  expense  bills  for 
freight  shipped  to  or  from  the  project  by  or  for  the  contractors  or 
sub-contractors  and  periodically  each  month  forward  Such  copies  to 
the  transportation  agent.  The  engineer  should  present  the  con- 
tractor's authorization  to  the  railroad  agent  and  request  him  to  fur- 
nish copies  of  the  required  expense  bills  on  the  railroad  form,  agree- 
ing to  pay  ten  cents  each  therefor  upon  vouchers  properly  prepared. 


TRANSPORTATION  OF  COMMODITIES.  415 

The  payment  for  copies  of  expense  bills  should  be  made  for  expense 
bills  covering  contractors'  freight  only.  The  Service  is  entitled  to 
an  expense  bill  without  charge,  giving  information  as  to  each  ship- 
ment received,  whether  freight  charges  have  been  prepaid  by  ship- 
pers or  charged  to  the  Government  upon  surrender  of  an  accom- 
plished bill  of  lading.  Vouchers  for  copies  of  expense  bills  should 
be  made  out  as  follows : 

"For copies  of  railroad  expense  bills  for  freight 

paid  by  contractors  on  reclamation  work  secured  in  order 
to  enable  the  Reclamation  Service  to  obtain  refund  to  which 
it  is  entitled  under  its  contract  with  the  several  railroads 
at  ten  cents  each $ " 

The  certification  rubber  stamp  reading,  "I  certify  that  this 
material  was  used  in  U.  S.  Reclamation  work  and  could  not  be 

purchased  in  the  local  market,  contract  No ,  R/P  No ," 

should  be  used  on  copies  of  expense  bills  for  freight  consigned  to 
contractors,  should  show  contract  or  R/P  (request  to  purchase) 
number  and  be  signed  by  the  engineer.  These  copies  of  expense 
bills  are  for  the  purpose  of  making  claims  against  the  transportation 
companies  in  accordance  with  terms  of  the  Service  freight  contracts 
and  it  is  important  that  they  be  secured  at  stated  intervals  and  to 
cover  given  periods  only,  as  there  is  no  means  of  checking  duplicate 
copies.  Where  it  is  impossible  to  procure  copies  of  expense  bills 
on  material  forwarded  from  a  project,  engineers  should  secure  a 
copy  of  the  shipping  instructions  and  have  billing  reference  endorsed 
thereon  by  the  forwarding  agent.  With  this  information  the  trans- 
portation office  can  arrange  for  any  refund  due  the  Service.  The 
original  freight  or  expense  bill  is  required  where  freight  is  prepaid 
by  the  shipper  and  charged  to  the  Government,  together  with  a 
statement  as  to  the  necessity  for  prepaying  the  freight,  and  a  state- 
ment of  the  obligation  of  the  Government  to  reimburse  the  shipper. 

51.  Claims  against  transportation  companies  for  refunds. — 
The  copies  of  expense  bills  and  shipping  instructions  for  con- 
tractor's materials,  supplies  and  equipment  should  be  sent  to  the 
transportation  office  accompanied  by  a  statement  thereof  on  Form 
7-737  as  secured,  where  they  will  be  examined  and  the  amount  of 
refund,  if  any,  determined.  The  claims  will  then  be  presented  to 
the  carriers  on  collection  vouchers,  Forms  7-462  and  7-463,  and 


416  RECLAMATION     SERVICE     MANUAL. 

credit  vouchers  forwarded  to  the  project  offices  by  the  Director 
as  payments  are  made.  Copies  of  expense  bills  covering  shipments 
bought  free  on  board  cars  at  destination  and  freight  prepaid  by 
shippers  should  be  sent  to  the  transportation  office  in  order  that 
any  refund  due  under  freight  contract  may  be  taken  advantage  of. 

52.  Administrative  examination  of  transportation  claims. — 
Accomplished  bills  of  lading  for  freight  and  express  shipments  are 
collected  in  the  general  auditing  offices  of  the  various  carriers  and 
assembled  into  bills  against  the  Service  by  projects.  These  accounts 
are  first  given  a  preliminary  examination  in  the  Director's  office 
to  ascertain  if  they  are  proper  charges  against  the  Service,  and 
whether  all  information  necessary  for  a  thorough  administrative 
examination  has  been  furnished  by  the  project  offices.  Bills  of 
lading  or  certificates  in  lieu  thereof  furnish  the  evidence  on  which 
payments  are  made  for  freight  charges  and  should  therefore  be 
complete.  If  the  preliminary  examination  shows  them  to  be  incom- 
plete, further  correspondence  with  project  offices  becomes  necessary. 
Much  correspondence  and  delay  will  be  avoided  by  full  notations  by 
project  offices  on  bills  of  lading  regarding  loss  or  damage  to  prop- 
erty, additional  charges,  such  as  demurrage,  switching,  etc.,  and 
the  proper  distribution  of  the  charges  arising  from  the  transpor- 
tation. After  the  preliminary  examination,  an  administrative 
examination  is  made  covering  classifications,  rates,  and  land-grant 
and  special  contract  deductions.  Any  discrepancies  are  called  to 
the  attention  of  the  carriers  involved  and  corrected  bills  obtained. 
An  administrative  examination  sheet  is  attached  to  each  bill  of 
lading,  indicating  the  correct  charges  found  due  as  result  of  such 
jxamination.  The  accounts  are  then  sent  to  the  Auditor  for  the 
Interior  Department  for  direct  settlement.  Upon  receipt  of  a  copy 
of  the  Auditor's  certificate  of  settlement,  debit  notices  indicating 
the  proportion  chargeable  to  the  several  projects  are  forwarded  for 
entry  on  the  project,  books. 

53.  Forms  relating  to  transportation. — Freight  and  express 
forms  are  as  follows:  Forms  7-730,  7-730a  and  7-730b  are  used 
for  bills  of  lading,  shipping  order  and  office  record  for  ship- 
ments of  public  property  by  railroad  freight  or  express.  Form 
7-731,  Certificate  in  lieu  of  lost  bill  of  lading,  is  used  as  described 
in  paragraph  39.  Form  7-735  Temporary  receipt  for  freight  ship- 
ment. Form  7-762  is  used  as  a  local  bill  of  lading  for  shipping  by 
wagon  or  stage.  Form  7-739  is  a  form  letter  used  by  the  transpor- 


TRANSPORTATION,   PASSENGER.  417 

tation  agent  in  acknowledging  the  receipt  of  railroad  freight  bills. 
Forms  7-740  and  7-741  are  used  in  connection  with  the  adminis- 
trative examination  of  bills  of  lading  and  are  attached  thereto  be- 
fore the  transmission  thereof  by  the  Director  to  the  Treasury  De- 
partment for  final  settlement  and  payment.  Form  7-732  is  used 
in  transmitting  bills  of  lading  to  merchants  and  others  to  cover 
shipments  of  supplies  purchased  from  them.  Form  7-733  is  a  mail- 
ing card  used  in  requesting  merchants  to  return  bills  of  lading  over- 
due. Form  7-743  is  a  register  for  recording  contractor's  expense 
bills,  on  which  the  Service  is  entitled  to  refunds.  Form  7-742  is 
a  register  for  recording  expense  bills  for  freight  and  express  on 
Government  property  and  is  used  as  a  liability  record  showing  the 
details  of  the  project  freight  liability.  Forms  7-434,  7-434a  and 
7-434b  are  used  for  listing  freight  and  express  bills  of  lading  for 
settlement  and  final  payment 

54.  Parcel  post. — Small  parcels  may  be  shipped  by  parcel 
post  under  the  regulations  therefor.  (See  POSTAL  LAWS  AND 
REGULATIONS,  PAR.  8.) 

TRANSPORTATION,  PASSENGER. 

Claims  for  passenger  transportation,  par.  8. 

Free  transportation,  par.  12. 

Instructions  for  use  of  transportation  requests,  par.  7. 

Issuance  of  transportation  requests,  par.  2. 

Laborers,  transportation  of,  par.  11. 

Loss  of  transportation  requests,  par.  4. 

Mileage  and  scrip  books,  par.  9. 

Refunds,  par.  10. 

Securing,  par.  1. 

Spoiled  transportation  requests,  par.  5. 

Transfer  of  transportation  request  books,  par.  6. 

Unofficial  use  of  transportation  requests,  par.  3. 

1.  Securing. — Transportation  for  employees  traveling  on 
official  duty  may  be  procured  by  the  use  of  Government  transpor- 
tation, payment  of  cash  fares,  or  use  of  passes,  the  latter  being  lim- 
ited by  law  to  use  on  intrastate  trips  only.  Tickets  should  be  se- 
cured by  use  of  transportation  requests  where  possible.  If  an  agent 


418  RECLAMATION     SERVICE     MANUAL. 

refuses  to  accept  such  request  a  ticket  may  be  paid  for  in  cash  and 
report  made  to  the  Director.  Railroad  conductors  are  not  usually 
allowed  to  accept  transportation  requests.  Pullman  accommoda- 
tions may  be  obtained  at  the  offices  of  the  company  or  from  con- 
ductors on  trains. 

2.  Issuance  of  transportation  requests. — Transportation  re- 
quests are  furnished  in  books  of  ten  and  twenty-five.     Requisitions 
for  transportation  requests  should  be  limited  to  100  requests  and 
should  state  the  number  of  each  size  book  desired.     Frequent 
requisitions  for  a  small  number  of  requests  are  preferred  to  those 
for  a  quantity  intended  to  last  for  a  long  period  of  time. 

3.  Unofficial  use   of  transportation   requests. — The    use    of 
transportation  requests   for  procuring  transportation   for  persons 
not  employed  by  the  Reclamation  Service,  or  by  employees   for 
ma'king  personal  trips  with  the  expectation  of  making  reimburse- 
ment to  the  Reclamation  Fund,  or  in  connection  with  duties  as  a 
witness  where  the  expenses  are  properly  payable  by  the  Depart- 
ment of  Justice  is  prohibited.     The  Reclamation  Service  is  liable 
for  payment  for  all  transportation  furnished    on    requests  issued, 
whether  the  person  using  same  is  entitled  to  do  so  or  not.     It  is 
therefore  essential  that  care  be  exercised  in  handling  requests,  and 
supplies  thereof  should  be  kept  under  lock  and  key,  preferably  in 
the  office  safe  or  vault. 

4.  Loss  of  transportation  requests. — If  a  transportation  re- 
quest, or  book  containing  such  requests  be  lost  the  loss  should  be 
immediately  reported  to  the  project  manager,  giving  the  numbers 
of  the  requests.     The  project  manager  will  prepare  a  report  of  the 
matter  for  the  local  and  nearby  railroad  agents,  requesting  that  the 
request  be  taken  up  in  case  of  presentation,  and  a  copy  of  such  re- 
port should  be  sent  to  the  Director.     If  the  requests  are  later  lo- 
cated the  railroad  agents  notified  of  their  loss  should  be  notified  and 
requested  to  honor  them  when  presented. 

5.  Spoiled  transportation  requests. — All    transportation  re- 
quests that  are  spoiled  in  issuing  should  be  marked  "Canceled"  and 
forwarded  to  the  Director's  office  for  filing. 

6.  Transfer  of  transportation  request  books. — If  the  supply 
of  transportation  requests  becomes  exhausted  and  this  fact  is  not 
noted  in  time  to  secure  a  supply  from  the  Director  a  book  may  be 
secured  from  the  nearest  office.     The  office  furnishing  the  book 
should  immediately  notify  the  Director  of  the  transfer,  giving  the 


TRANSPORTATION,     PASSENGER.  419 

traveler's  name,   the  number  of   the  book,   and  the  number  of 
requests  transferred. 

7.  Instructions  for  use  of  transportation  requests. — A  trans- 
portation request  consists  of  three  parts,  the  stub,  which  remains  a 
part  of  the  book,  the  request  proper,  which  is  presented  to  the  rail- 
road company's  agent,  and  the  memorandum  copy.  The  traveler 
should  at  the  time  of  issue  note  the  following  information  in  the 
space  provided  for  same  on  the  request  and  memorandum  copy. 

(a)  Name  of  railroad  company. 

(b)  Name  of  traveler,  and  if  more  than  one  person,  the  num- 
ber of  travelers  and  name  of  each,  the  latter  being  indicated  on  the 
reverse  side  of  both  the  request  and  memorandum  copy. 

(c)  Initial  and  terminal  points  which  the  ticket  or  tickets  cover. 

(d)  The  initials  of  the  second  and  subsequent  railroad  compa- 
nies when  there  is  more  than  one  carrier. 

(e)  Place,  date,  signature  and  designation  of  the  person  sign- 
ing, and  the  cost  of  the  ticket  or  tickets  furnished,  the  price  being 
secured  from  the  selling  agent. 

(f)  The  name  of  the  project  chargeable  with  the  cost  of  the 
ticket  or  tickets  furnished. 

(g)  Requests  issued  for  accommodations  on  sleeping  or  parlor 
cars  should  have  indicated,  in  space  provided  for  same,  ''upper"  or 
"lower,"  "standard"  or  "tourist"  berth  or  seat  as  the  case  may  be. 

(h)  Upon  the  issue  of  a  transportation  request  the  traveler 
should  detach  the  memorandum  copy  and  immediately  forward  it 
to  the  office  of  the  project  chargeable  with  the  cost  of  the  ticket 
secured  thereon.  The  record  of  the  use  of  the  request  which  he 
will  need  when  preparing  his  traveling  expense  account  should  be 
taken  from  the. stubs  and  the  memorandum  copy  should  not  be  held 
for  this  purpose.  Upon  receipt  of  the  memorandum  copy  at  the 
project  office  it  should  be  immediately  entered  in  the  "Transporta- 
tion Request  Liability  Record"  Form  7-744,  and  forwarded  to  the 
Director. 

8.  Claims  for  passenger  transportation. — Railroad  companies 
prepare  claims  for  passenger  transportation  in  triplicate,  using  forms 
(No.  7-438)  furnished  by  the  Reclamation  Service.  They  are 
grouped  by  projects,  the  name  of  the  project  chargeable  with  the 
cost  of  the  ticket  furnished  being  secured  from  the  face  of  the  re- 
quest. All  transportation  requests  which  do  not  indicate  the  name 
of  the  project  on  their  face  are  assembled  and  billed  as  one  claim. 


420  RECLAMATION     SERVICE     MANUAL. 

Such  claims  usually  affect  a  number  of  projects  and  cause  much 
avoidable  extra  work. 

9.  Mileage  and  scrip  books. — Mileage  and  scrip  books  should 
be  used  when  advantageous,  and  when  it  is  known  that  the  mileage 
can  be  used  in  its  entirety.    Mileage  and  scrip  books  should  be  pro- 
cured by.  the  issuance  of  transportation  requests.     The  memoran- 
dum copy  should  bear  a  note  on  the  reverse  side  showing  the  form 
number  and  the  individual  number  of  the  mileage  or  scrip  book 
received.     The  name  of  the  project  chargeable  should  appear  on 
the  face  of  the  request  and  memorandum  copy  and  the  cost  of  the 
book  should  be  noted  on  the  face  of  the  memorandum  copy.     When 
each  book  is  used"  up,  a  report  should  be  made  to  the  Director, 
through  the  supervising  engineer,  giving  the  name  of  the  traveler 
using  the  same,  noting  each  separate  trip  made,  the  amount  of 
mileagt  used  therefor,  and  the  project  chargeable  therewith.    These 
reports  should  be  approved  by  the  project  and  supervising  engineers 
before  transmission  to  the  Director.     Upon  receiving  claim  from 
the  railroad  company  for  the  value  of  the  transportation  request 
honored  by  the  furnishing  of  mileage  or  scrip  books,  the  special 
fiscal  agent  in  the  Director's  office  will  prepare  a  record  card  for 
each  mileage  or  scrip  book  purchased,  showing  the  number  of  the 
book,  the  project  chargeable,  and  the  transportation  request  used 
to  secure  it.     Upon  the  receipt  of  the  report  from  the  project  office 
showing  the  use  of  the  mileage  purchased,  a  reference  should  be 
made  on  the  record  card  and  the  card  filed  in  a  "dead"  file  for  future 
reference. 

10.  Refunds. — All  refunds  due  the  Reclamation  Service  on 
account  of  unused  passenger  tickets,  or  portions  thereof,  mileage 
which  may  be  pulled  through  error  and  punched,  and  scrip  books 
shall  be  procured  through  the  Director.     Letters    of  transmittal 
shall  refer  to  the  number  of  the  transportation  request  with  which 
the  ticket,  mileage  or  scrip  book  was  obtained  and  the  project  orig- 
inally charged  with  the  cost  of  same.     In  connection  with  refunds 
on  scrip  books,  the  person  who  procured  the  scrip  book  should  sign 
the  refund  request  blank  contained  therein,  authorizing  the  Trans- 
Continental  Scrip  Bureau  to  make  payment  to  the  "Special  Fiscal 
Agent,  U.  S.  R.  S.,  Washington,  D.  C." 

11.  Laborers,    transportation    of. — Transportation    requests 
may  be  used  to  secure  tickets  for  the  transportation  of  laborers,  pro- 
viding the  men  agree  to  allow  a  deduction  of  the  cost  of  the  tickets 


TRAVEL  EXPENSE.  421 

from  their  service  earnings.     (See  EMPLOYEES,  PAR.  5 ;  also  TRANS- 
PORTATION OF  LABORERS  TO  SITE  o.F  WORK.) 

12.  Free  transportation. — Free  transportation  in  connection 
with  the  care  of  livestock  in  transit  may  be  secured  when  such 
shipments  are  made.  Free  transportation  or  special  rates  should 
not  be  solicited  nor  accepted  for  employees  or  their  families  for 
personal  travel  for  interstate  or  intrastate  trips.  Concessions  for 
interstate  trips  whether  personal  or  official  are  prohibited  by  law 
and  the  policy  of  the  Department  is  opposed  to  the  solicitation  or 
acceptance  by  employees  of  concessions  for  personal  travel  wholly 
within  a  State. 

TRANSPORTATION  OF  LABORERS  TO  SITE  OF  THE 
WORK. 

Whenever  it  becomes  necessary  to  transport  laborers  for  work  on 
a  project  the  Service  is  authorized  to  incorporate  into  the  contracts 
of  employment  as  a  part  of  the  consideration  to  be  paid  for  the  serv- 
ices to  be  rendered  thereunder  a  provision  for  the  payment  by  the 
Service  of  the  expenses  of  the  transportation  of  such  employees 
from  the  places  of  their  entering  into  contract  to  the  places  where 
their  services  are  to  be  rendered.  (1  Comp.  Dec.,  106;  4  id.,  632; 
5  id.,  663.) 

TRANSPORTATION  REQUESTS  AND  BILLS  OF 
LADING,  UNAUTHORIZED  USE  OF. 

Transportation  requests  and  bills  of  lading  should  not  be  used  for 
personal  travel  or  for  the  movement  of  property  belonging  to  in- 
dividuals, with  the  intention  of  later  reimbursing  the  Government 
for  the  charges  thereon. 

TRAVEL  EXPENSE. 

Affidavits  before  postmasters,  etc.,  par.  21. 

Amount  of  per  diem,  par.  16. 

Approvals,  par.  11. 

Authority,  par.  10. 

Baths,  par.  37. 

Checking  and  handling  of  baggage,  par.  32. 


422  RECLAMATION     SERVICE     MANUAL. 

Commencement  and  termination  of  per  diem,  par.  18. 

Departmental  regulations,  par.  9. 

Designated  headquarters,  changing,  par.  5. 

Emergency  expenditures,  par.  44. 

Establishing  residence,  expenses  while,  par.  4. 

Evidence  of  expenditures,  pars.  19-25. 

Excess  baggage,  par.  29. 

Expense,  memorandum  of,  par.  19. 

Expenses,  actual,  par.  14. 

False  representations,  par.  22. 

Field  party  expenses,  par.  45. 

Headquarters,  how  selected,  par.  12. 

Holders  of  general  travel  orders,  par.  2. 

Holders  of  special  travel  orders,  par.  3. 

Incidental  expenditures,  par.  43. 

Items  included  in  per  diem,  par.  17. 

Items  of  allowable  expense,  pars.  26-34. 

Laundry,  par.  39. 

Meals  and  lodging,  par.  35. 

Mileage  or  scrip  books,  par.  28. 

New  appointees,  par.  6. 

Per  diem  in  lieu  of  subsistence,  pars.  15-18. 

Personal  services,  par.  41. 

Pullman  fares  and  stateroom  accommodations,  par.  34. 

Railroad  and  steamer  fares,  par.  26. 

Registered  employees,  expenses  of,  par.  8. 

Route,  how  determined,  par.  13. 

Securing  reimbursement,  par.  7. 

Special  conveyances,  par.  30. 

Stenographic  or  typewriter  service,  par.  42. 

Steward  fees  and  steamer  chairs,  par.  33. 

Subsistence  and  expenses  incident  thereto,  pars.  35-37. 

Sub-vouchers,  how  stated,  par.  25. 

Sub-vouchers,  when  required,  par.  23. 

Sub-vouchers,  when  not  required,  par.  24. 

Telegraph  service,  par.  39. 

Telephone  service,  par.  40. 

Tickets  not  used,  refunds  for,  par.  27. 

Transfer  of  self  and  baggage,  par.  31. 


TRAVEL    EXPENSE.  423 

Voucher,  the  principal,  par.  20. 
Waiter's  fees,  par.  36. 
When  per  diem  permitted,  par.  15. 
Who  are  entitled  to,  par.  1. 

CROSS  REFERENCES. 

SUBSISTENCE,  PAR.  5. 

VOUCHERS,  PREPARATION  AND  PAYMENT  OE. 

1.  Who  are  entitled  to. — Compensation  for  travel  expenses 
will  only  be  allowed  to  persons  on  a  travel  status  by  reason  of  hold- 
ing general  or  special  travel  orders  covering  the  periods  for  which 
compensation  is  claimed. 

2.  Holders  of  general  travel  orders. — A  person  holding  a  gen- 
eral travel  order  is  entitled  to  compensation  for  travel  expenses 
and   reimbursement   for  subsistence  while  away   from  his  desig- 
nated headquarters  at  the  rate  specified  in  said  travel  order,  irre- 
spective of  the  time  spent  at  any  one  place. 

3.  Holders  of  special    travel  orders. — A  person  holding    a 
special  travel  order  issued  for  a  particular  journey  is    entitled  to 
compensation  for  travel  expense  in  accordance  with  the  terms  of 
said  order  until  such  journey  is  completed. 

4.  Establishing  residence,  expenses  while. — Where  an  em- 
ployee is  assigned  to  a  given  place,  to  be  designated  as  his  head- 
quarters, he  may  upon  first  arrival  at  such  place  be  considered  upon 
a  travel  status  for  a  sufficient  length  of  time  to  enable  him  to  be- 
come permanently  settled,  but  such  period  shall  not  in  any  event 
exceed  five  days.     While  in  such  travel  status  he  will  be  entitled  to 
reimbursement  for  expenses  in  the  manner  prescribed  in  his  travel 
order. 

5.  Designated  headquarters,  changing. — When  a  field  em- 
ployee holding  a  general  travel  order  is  expected  to  spend  a  con- 
siderable period  of  time  away  from  his  designated  headquarters,  if 
subsistence  is  not  to  be  allowed,  his  headquarters  should  "be  changed. 
When  it  is  desired  that  such  a  change  be  made,  a  written  recom- 
mendation to  that  effect  should  be  made  by  the  supervising  engineer 
to  the  Director. 

6.  New  appointees. — The  traveling  expenses  of  men  newly 
employed  and  ordered  to  report  from  their  homes  to  the  place  of 
their  employment  are  not  to  be  paid  unless  this  has  been  previously 
agreed  upon  in  writing.     A  copy  of  the  letter  authorizing  the  jour- 


424  RECLAMATION     SERVICE     MANUAL. 

ney  and  stating  to  what  extent,  if  any,  the  traveling  expenses  are 
to  be  paid  should  accompany  the  claim  for  reimbursement. 

7.  Securing  reimbursement. — Upon   reporting  for   duty    at 
the  place  of  employment  this  letter  of  authorization  together  with 
the  memorandum  of  expenses  should  be  presented  to  the  project 
engineer,  chief  clerk,  or  other  person  in  charge,  who  will  see  that 
the  proper  account  is  prepared  and  with  the  letter  of  authorization 
is  forwarded  to  the  special  fiscal  agent  for  payment. 

8.  Registered  employees,  expenses  of. — Men   in   registered 
positions,  when  transferred  from  one  project  to  another,  are  us- 
ually allowed  railroad  fare  only,  but  in  the  discretion  of  the  officer 
ordering  the  travel,  items  in  addition  to  the  railroad  fare  may  be 
paid.     In  either  case  the  travel  must  be  authorized  in  advance  by 
a  letter  indicating  clearly  whether  railroad  fare  or  any  items  in 
addition  are  to  be  paid. 

9.  Departmental  regulations. — Paragraphs  10  to  46  contain 
the  regulations  governing  travel  on  official  business,  approved  by 
the  Secretary  of  the  Interior  December  17,  1912,  and  effective  Jan- 
uary 1,  1913.     The  heads  of  bureaus  and  offices  may  prescribe  such 
additional  regulations  not  inconsistent  therewith  as  may  be  neces- 
sary to  conduct  effectually  the  work  under  their  supervision,  and 
such  additional  regulations  are  equally  binding  upon  their  respec- 
tive subordinates.     Appropriate  changes  have  been  made  in  the 
following  regulations  insofar  as  they  apply  to  the    Reclamation 
'Service. 

10.  Authority. — All  travel  expenses  shall  be  either  author- 
ized or  approved  in  writing  by  the  head  of  the  department  or  the 
head  of  the  bureau  or  office  under  whose  supervision  and  direction 
the  travel  is  performed,  or  by  the  subordinate  officer  to  whom  such 
authority  has  been  properly  delegated.     Except  as  provided  in  sec- 
tion 2  following,  the  authority  shall  be  issued  prior  to  the  incur- 
rence  of  the  expense;  shall  specify  the  travel  to  be  performed  as 
definitely  as  circumstances  will  permit,  and  shall  be  attached  to  the 
voucher  for  reimbursement  or  (if  on  file  in  the  auditor's  office)  be 
referred  to  therein.     It  may  also  contain  a  provision  authorizing 
the  traveler  to  issue  travel  orders  to  his  subordinate  employees  and 
directing  the  method  of  reference  to  the  general  travel  order. 

11.  Approvals. — (a)  Whenever  the  travel  is  a  necessary  and 
regular  accompaniment  of  the  office  or  place  to  which  an  appoint- 


TRAVEL  EXPENSE.  425 

ment  has  been  made  and  the  general  classes  of  the  expense  to  be  al- 
lowed are  governed  by  law  or  are  specified  in  the  appointment,  or 
(b)  whenever  the  expense  has  been  incurred  on  account  of  an 
emergency,  the  approval  by  the  officer  specified  above  of  the  travel 
voucher  for  reimbursement  shall  be  sufficient  authorization.  How- 
ever, all  vouchers  for  reimbursement  on  account  of  emergency 
travel  without  prior  authorization  must  be  accompanied  by  full  and 
satisfactory  explanation  of  the  facts  constituting  the  emergency. 

12.  Headquarters,  how  selected. — The   selection   of  official 
stations  when  not  provided  by  law,    departmental    regulations,  a 
commission  of  appointment  or  a  contract  of  employment,  and  the 
assignment  of  temporary  headquarters  are  placed  under  the  control 
of  chiefs  of  bureaus  and  of  the  independent  offices,  subject  to  re- 
vision by  the  head  of  the  department  upon  his  own  initiative  or 
upon  application  of  an  interested  party.     Each  chief  is  expected 
to  select  official  stations  and  to  assign  temporary  headquarters  with 
justice  and  equity  to  employees  and  in  accordance  with  the  best 
interests  of  the  service.     Whenever  per  diem  or  other  expenses  are 
allowable  only  when  absent  from  headquarters  or  from  a  given 
station,  vouchers  should  contain  sufficient  information  to  enable  the 
necessary  facts  to  be  determined. 

13.  Route,  how  determined. — All  travel  performed  on  official 
business  must  be  by  the  shortest  practicable  route,  unless  otherwise 
authorized,  and  without  any  unusual  or  unnecessary  delay.     The 
route  shall  be  carefully  arranged  to  avoid  unnecessary  duplication 
of  travel.     When  diversion  from  the  shortest  practicable  route  is 
permitted,  the  extra  expense  to  be  borne  by  the  traveler,  the  charges 
for  meals  shall  be  limited  to  the  meals  which  ordinarily  would  have 
been  taken  had  the  shortest  route  been  traveled. 

14.  Expenses,  actual. — Except  when  otherwise  provided  by 
law,  or  when"  specially  authorized  by  the  head  of  the  department, 
bureau,  or  office,  as  provided  in  section  6  following,  only  actual 
necessary  expenses,  such  as  are  usual  and  essential  to  the  ordinary 
comfort  of  travelers  and  as  further  defined  in  sections  16  to  33,     3 
inclusive,  herein,  will  be  allowed.      (Act  of  March  3,  1875 ;  18  Stat.    £ 
L.,  452.) 

PER  DIEM  IN  LIEU  OE  SUBSISTENCE. 

.15.  When  per  diem  permitted. — Unless  specifically  author-] 


426  RECLAMATION     SERVICE     MANUAL. 

ized  by  statute,  a  per  diem  in  lieu  of  subsistence  as  additional  com- 
pensation can  not  be  granted  to  any  officer  or  employee  except  one 
whose  salary  is  fixed  by  the  head  of  the  department  or  bureau,  as  is 
usually  done  from  a  lump-sum  appropriation.      (6  Comp.,   Dec., 
,  9fc>;  4  Comp.  Dec.,  424;  17  Comp.  Dec.,  619;  sec.  1765,  U.  S.  R.  S.) 
'f  *16.  Amount  of  per  diem. — A  per  diem  in  lieu  of  subsistence 
fas  additional  compensation  in  excess  of  $5  per  day  shall  not  be 
allowed  by  administrative  direction  without  the  approval  of  the 
head  of  the  department. 

17.  Items  included  in  per  diem. — A  per  diem  granted  by  ad- 
•;    ministrative  direction  shall  include  meals,  lodging,  baths,  laundry, 

pressing  clothes,  porterage  in  hotels  or  on  trains,  waiter's  fees, 
street  car,  cab  and  bus  fares,  baggage  transfers,  checking  parcels, 
tolls  and  ferriage. 

18.  Commencement  and  termination  of  per  diem. — Whenever 
the  allowance  of  a  per  diem  in  lieu  of  subsistence  is  dependent  upon 
absence  from  headquarters  or  from  a  given  station,  it  will  be  al- 
lowed for  the  day  of  departure  from  such  place  if  the  traveler  de- 
parts before  6  o'clock  p.  m.,  and  for  the  day  of  return  to  any  such 
place  if  he  arrives  after  6  o'clock  a.  m.      (Compare  18  Comp.  Dec., 


1000.) 
y, 

EVIDENCE  OE  EXPENDITURES. 

19.  Expense,  memorandum  of. — Every  officer  or  other  per- 
son traveling  should  keep  a  memorandum  of  the  expenditures  in- 
curred, noting  each  item  as  soon  as  payment  is  made.     The  atten- 
tion of  travelers  is  invited  to  the  wording  of  the  affidavit  aS  shown 
on  approved  voucher  forms,  which,  with  certain  exceptions,  must 
be  affixed  to  vouchers  for  reimbursement  of  traveling  expenses. 

20.  Voucher,    the    principal. — All    accounts    for    reimburse- 
ment on  account  of  travel  expense  shall  be  submitted  on  the  regu- 
lar voucher  forms  approved  by  the  Comptroller  of  the  Treasury 
and  shall  be  itemized  as  fully  as  practicable.     Every  such  voucher 
must  show  what  portion,  if  any,  of  the  transportation    was    pro- 
cured on  transportation  requests;  what  portion,  if  any,  was  pro- 
cured by  use  of  mileage  books,  giving  the  dates  and  points  from  and 
to,  and  the  number  of  miles  detached  from  the  mileage  book,  if  one 


TRAVEL,  EXPENSE.  427 

was  used.  The  vouchers  shall  also  show  such  analyses  of  expen- 
ditures as  may  be  prescribed  by  the  several  bureaus  and  offices. 
Charges  for  transportation  or  auxiliary  supplies  not  in  accordance 
with  published  tariffs,  customary  rates,  or  usual  prices  should  be 
explained.  The  principal  voucher  shall  be  supported  by  sub- 
vouchers,  as  required  in  sections  13  and  15,  inclusive. 

21.  Affidavits  before  postmasters,  etc. — As  provided  by  sec- 
tion  8  of  the  act  of  August  24,  1912  (37  Stat.  L.,  417-487),  affi- 
davits may  be  executed  before  a  postmaster,  an  assistant  postmaster, xp 
a  collector  of  United  States  customs,  a  collector  of  United  States 
internal  revenue,  the  chief  clerk  of  any  executive  department  or 
bureau,  or  the  clerk  designated  by  him  for  that  purpose;  the  su- 
perintendent, acting  superintendent,  custodian,  or  principal  clerk 
of  any  national  park  or  other  Government  reservation;  the  super- 
intendent, acting  superintendent,  or  principal  clerk  of  any  Indian 
superintendency  or  Indian  agency;  the  chief  of  a  field  party,  or  a 
notary  public  who  is  in  the  service  of  the  United    States.     The 
officers  named  above  are  not  permitted  by  law  to  make  any  charge 
for  such  service,  and  no  jurat  fee  will  be  allowed  therefor.      (As 
to  date  effective  and  project  engineers,  see  Comp.  MS.  Dec.  dated 
September  18,  1912,  to  the  Secretary  of  the  Interior.)     Affidavits 
executed  before  any  other  officer  who  has  been  authorized  to  ad- 
minister oaths  for  general  purposes  and  whose  signature  is  attested 
by  an  official  seal  will  be  accepted,  but  no  jurat  fee  will  be  allowed.^ 
(See  also  OATHS  AND  FEES  THEREFOR.) 

22.  False  representations. — False  or  fraudulent    representa- 
tions in  connection  with  the  rendition  of  reimbursement  or    other 
accounts  are  unlawful,  and  the  offender  is  liable  to  a  heavy  fine  or 
imprisonment  under  the  act  of  Congress  approved  March  4,  1911 
(36  Stat.  L.,  1355). 

23.  Sub-vouchers,  when  required. — Express  and  freight  re- 
ceipts will  be  accepted  as  sub-vouchers  and  must  be  furnished  for  all 
such  charges.     The  weight  and  rate  must  be  shown.     Copies  of 
telegrams  or  of  cablegrams  will  be  accepted  as  sub-vouchers  and 
must  be  furnished  in  support  of  all  such  charges.     The  copy  shall 
show  whether  the  message  was  sent  at  day  or  night  rate.     Sub- 
vouchers  must  also  be  furnished  for  all  other  charges  in  excess  of 
$1,  except  as  noted  below  in  section  14. 

24.  Sub-vouchers,    when   not   required. — (a)    Sub-vouchers 


428  RECLAMATION     SERVICE     MANUAL. 

are  not  required  for  railroad  or  steamboat  fares,  sleeping  or  parlor 
car  fares,  nor  for  separate  meals  specifically  named  which  were  not 
taken  in  connection  with  lodging,  (b)  Sub-vouchers  will  not  be 
required  when  the  taking  thereof  would  disclose  the  identity  of  the 
traveler  and  the  disclosure  would  be  detrimental  to  the  public  in- 
terest, provided  authority  for  their  omission  is  granted  by  the  head 
of  the  department  or  by  the  chief  of  the  bureau  or  office  under 
whose  supervision  the  travel  is  performed. 

25.  Sub-vouchers,  how  stated. — Sub-vouchers  for    hotel  ex- 
penses must  state  the  beginning  and  ending  of  the  full  period  of 
service  and  the  rate  by  the  day  or  week.     The  "day"  shall  be  con- 
sidered as  beginning  with  breakfast  and  ending  with  lodging.     Re- 
ceipted bills  on  the  regular  billheads  of  the  hotel  are  acceptable  as 
sub-vouchers,  provided  they  are  properly  made  out  to  show  the 
entire  period  and  the  services  rendered.     Sub-vouchers  for  livery 
and  other  special  transportation  must  describe  the  service  hired  as 
"one  horse  and  buggy,"  "two  horses  and  wagon,"  "with  driver" ; 
state  the  quantity  of  service  rendered,  and  the  rate  of  compensa- 
tion by  the  day,  hour,  or  other  unit,  as  may  have  been  agreed.     If 
subsistence  of  driver  and  team  are  included  in  the  cost  of  hire,  that 
fact  must  be  stated. 

ITEMS  OF  ALLOWABLE  EXPENSE. 

26.  Railroad  and  steamer  fares. — Fares  upon  railroads,  stage 
coaches,  steamers,  packets,  or  other  usual  modes  of  conveyance. 
Charges  for  fares  on  steamers,  packets,  or  other  means  of  travel  by 
water  must  show  whether  meals  or  lodging,  or  both,  were  included 
without  increase  of   fare    over  the  lowest    first-class    rate,      (a) 
Through  tickets,  excursion  tickets,  and  round-trip  tickets  must  be 
purchased  whenever  practicable  and  economical,      (b)   Transporta- 
tion requests  are  provided  for  the  use  of  travelers  who  do  not  wish 
to  advance  their  personal  funds  and  await  reimbursement  at  a  later 
date.     They  also  protect  the  traveler  from  any  disallowance  on  ac- 
count of  an  overcharge  by  the  carrier.     They  may    be    procured 
upon  application  to  the  head  of  the  department  or  bureau  and  may 
be  exchanged  for  railroad,  sleeping  or  parlor  car,  or  steamer  tickets, 
and  will  be  accepted  by  some  stage  lines.     They  should  not  be  used 
for  the  payment  of  livery  bills,  meals  on  dining  cars,  nor  any  ex- 


TRAVEL  EXPENSE.  429 

penses  other  than  those  specified.  Transportation  requests  should 
not  be  used  to  pay  fares  amounting  to  less  than  $2,  unless  neces- 
sary, or  so  ordered  by  the  head  of  the  office  or  bureau.  [Note: 
This  does  not  apply  to  the  Reclamation  Service,  where  all  transput 
tation,  whether  less  than  $2.00  or  over,  should  be  secured  by  the 
issuance  of  transportation  requests.]  If  an  excursion  rate  is  ef- 
fective and  available,  it  should  be  asked  for  (see  sec.  16a),  and  the 
transportation  request  tendered  in  exchange  should  be  marked  "ex- 
cursion rate."  Should  the  agent  of  the  company  refuse  to  accept 
the  transportation  request  for  an  excursion  rate  ticket,  a  full  fare 
ticket  may  be  procured  in  exchange  for  the  transportation  request, 
if  cash  payment  cannot  conveniently  be  made.  Should  the  agent 
of  any  railroad  or  steamship  company  refuse  to  accept  a  transpor- 
tation request  for  a  ticket,  whether  issued  at  full  fare  or  at  excur- 
sion rates,  the  fact  should  be  reported  to  the  bureau  or  office  by 
which  the  traveler  is  employed. 

27 .  Tickets  not  used,  refunds  for. — A  traveler  must  not  at- 
tempt to  secure  a  refund  from  a  transportation  company  for  the 
unused  portion  of  a  ticket  obtained  in  exchange  for  a  transportation 
request.     The  unused  portion  of  such  ticket  must  be  forwarded, 
with  a  full  explanation,  to  the  bureau  or  office  by  which  the  person 
is  employed. 

28.  Mileage  or  scrip  books. — Mileage  or  scrip  books  may  be 
procured  in  exchange  for  transportation  requests,  but  their  use  is 
not  recommended  except  when  it  appears  probable  that  they  will 
be  entirely  used  within  the  period  of  their  validity.     When  such 
a  book  is  procured  the  fact  must  be  immediately  reported  to  the 
head  of  the  proper  bureau  or  office.     The  report  must  give  the  num- 
ber of  the  transportation  request  exchanged,  the  name  of  the  rail- 
road issuing  the  book,  the  number  of  the  book  and  the  number  of 
miles  or  the  value  of  the  scrip  contained  therein,  the  cost  of  the 
book,  and  all  other  information  necessary  to  enable  the  accounting 
officer  to  keep  an  accurate  account  of  the  use  of  said  book.     Each 
mileage  book  will  be  charged  to  the  employee  in  whose  name  it  is 
issued.     He  will  be  held  strictly  accountable  for  its  proper  use  and 
the  correctness  of  the  number  of  miles  or  the  value  of  the  scrip  de- 
tached for  travel  between  different  points,  and  when  the  book  is 
exhausted,  or  when  no  further  travel  is  to  be  performed  on  official 
business  with  said  book,  or  when  the  time  limit  of  the  book  is  about 


430  RECLAMATION     SERVICE     MANUAL. 

to  expire,  it  should  be  forwarded,  without  delay,  to  the  head  of  the 
proper  bureau  or  office  for  settlement.  An  employee  in  possession 
of  such  a  book  at  the  time  of  his  separation  from  the  department 
must  settle  his  accountability  therefor  before  final  payment  of  his 
salary  will  be  made. 

29.  Excess  baggage. — Charges  for  excess  baggage,  when  the 
extra  weight  consists  of  public  property  or  private  property  to  be 
used  for  public  purposes.     Such  charges  must  be  explained.    When 
practicable,  excess  baggage  should  be  forwarded  by  freight  or  ex- 
press, and  if  prior  authority  is  procured,  may  be  covered  by  Gov- 
ernment bill  of  lading.     Mailable  articles  may  be  forwarded  by 
mail  under  penalty  label. 

30.  Special  conveyances. — Hire  of  special  conveyances,  such 
as  automobiles,  livery,  or  boat,  when  no  public  or  regular  means  of 
transportation  are  available,  and  the  necessary  incidental  expenses 
connected  therewith,  such  as  feed  and  stabling  of  horses  and  the 
subsistence  of  driver,  ferriage,  and  tolls.     If  the  charges  for  special 
conveyance  include  feed  and  stabling  of  horses  and  subsistence  of 
driver,  or  any  such  items,  the  principal  voucher,  or    sub-voucher, 
must  so  state.     If  not  so  stated,  it  will  be  presumed  that  they  are 
not  included. 

31.  Transfer  of  self  and  baggage. — Fares  on  street  car,  trans- 
fer coach,  omnibus,  or  other  vehicle,  and  the  transfer  of  baggage. 
A  charge  not  to  exceed  50  cents  for  either  transfer  coach  or  om- 
nibus, or  for  the  transfer  of  each  piece  of  baggage,  if  within  the 
customary  rate,  will  be  allowed.     Payment  in  excess  of  this  amount 
must  be  explained  in  writing,  and  street  cars  must  be  used  when 
practicable. 

32.  Checking  and  handling  baggage. — Charges  for  checking 
or  porterage  of  hand  baggage  at  hotels  and  stations,  not  exceeding 
10  cents  for  each  piece. 

33.  Steward  fees  and  steamer    chairs. — Customary  fees    to 
stewards,  and  others  on  ocean,  coastwise,  or  river    steamers  (ex- 
cluding fees  for  services  in  connection  with  meals)  ;  usual  rent  of 
steamer  chair. 

34.  Pullman  fares  and  stateroom  accommodations. — Sleep- 
ing-car fare  for  one  double  berth,  customary  stateroom  accommo- 
dations on  steamers  and  other  vessels,  and  fare  for  one  seat  for 
each  person  in  sleeping  or  parlor  car,  except  those  persons  to  whom 


TRAVEL  EXPENSE.  431 

allowance  for  sleeping  or  parlor  cars  is  denied  under  the  regula- 
tions of  the  bureau  or  office.  Such  charges  must  specify  whether 
for  a  seat  or  upper  or  lower  berth,  and  whether  for  standard  or 
tourist  service.  Porter  fees  on  sleeping  cars  must  not  exceed  25 
cents  per  night.  Porter  fees  on  sleeping  cars  used  in  day  time  or 
in  parlor  or  chair  cars  must  not  exceed  15  cents  per  trip. 

SUBSISTENCE    AND    EXPENSES    INCIDENT    THERETO. 

Except  when  otherwise  provided  by  law,  the  subsistence  items 
as  hereinafter  defined  in  sections  35  to  38  shall  not  be  allowed  in 
excess  of  $6  per  day  without  the  special  authorization  or  approval 
of  the  head  of  the  department. 

35.  Meals  and  lodging. — When  the  detention  is  incident  to 
or  necessary  for  the  performance  of  the  duties  for  which  the  travel 
is  ordered,  and  necessary  meals  en  route,  but  for  no  items  of  re- 
freshment other  than  the  ordinary  food  provided  for    travelers. 
Charges  for  meals  must  be  itemized  by  meal  in  every  instance. 

36.  Waiters'  fees. — Fees  to  waiters  at  hotels  or  on    dining 
cars  or  boats  not  exceeding  10  cents  per  meal  or  30  cents  per  day. 

37.  Baths. — Charges  for  baths  not  exceeding  50  cents  each 
while  absent  from  designated  headquarters. 

38.  Laundry. — Charges   for  laundry  when  the    travel    con- 
tinues a  week  or  more,  not  to  exceed  $1.25  a  week;  fractional  por- 
tions over  a  week  to  be  prorated  at  20  cents  per  day.     Charges  for 
laundry  must  include  all  expenses  incurred  for  that  item  during  the 
period  for  which  the  account  is  rendered  and  must  not  be  brought 
forward  from  a  previous  account.     Charges  for  laundry  necessi- 
tated by  a  trip,  but  actually  paid  at  designated  headquarters  after 
the  termination  of  the  trip,  will  be  allowed  if  the    proportionate 
amount  for  the  week  is  not  exceeded.     When  the  traveler  is  absent 
one  week  or  more,  expenses  for  pressing  clothes  at  the  rate  of  $1 
per  week. 

MISCELLANEOUS    EXPENSE. 

39.  Telegraph  service. — Telegrams  and  cablegrams  at  Gov- 
ernment rates.     Charges  therefor  must  be  accompanied  by  copies 
of  the  messages,  marked  to  show  whether  sent  at  day  or  night  rate, 
and  unless  prepaid,  must  designate  the  bureau  or  office  to  which 
chargeable.     Night  service  should  be  employed  when  practicable. 


432  RECLAMATION     SERVICE     MANUAL. 

40.  Telephone  service. — Reasonable  charges  for  the  use  of 
telephones  on  official    business.     Charges  for    long-distance    calls 
should  show  with  "whom  communication  was  held  and  the  points 
between  which  service  was  rendered.     Section  7  of  the  legislative, 
executive,  and  judicial  appropriation  act  approved  August  23,  1912 
(37  Stat,  414),  provides: 

That  no  money  appropriated  by  this  or  any  other  act  shall 
be  expended  for  telephone  service  installed  in  any  private 
residence  or  private  apartment  or  for  tolls  or  other  charges 
for  telephone  service  from  private  residences  or  private 
apartments,  except  for  long-distance  telephone  tolls  required 
strictly  for  the  public  business,  and  so  shown  by  vouchers 
duly  sworn  to  and  approved  by  the  head  of  the  department, 
division,  bureau,  or  office  in  which  the  official  using  such 
telephone  or  incurring  the  expense  of  such  tolls  shall  be 
employed. 

The  Comptroller  of  the  Treasury  holds,  in  an  opinion  dated  No- 
vember 27,  1912,  addressed  to  the  Secretary  of  the  Interior,  citing 
his  decision  to  the  Secretary  of  Agriculture,  dated  November  12, 
1912,  that  it  is  the  apparent  intent  of  Congress  by  this  law  "not  to 
cast  the  charge  of  public  telephoning  on  the  officer  who  sends  or  re- 
ceives a  message  on  public  business,  but  to  put  it  out  of  his  power 
to  charge  the  Government  with  the  cost  of  his  private  messages." 
The  comptroller  further  states  that  "where  the  Government  has  pro- 
vided telephones  the  effect  of  the  law  is  not  to  permit  charges  on 
other  telephones  to  be  paid." 

41.  Personal  services. — The  occasional  and  temporary  ser- 
vice of  guides,  packers,  and  interpreters,  when  necessary.     When 
such  persons  are  employed,  the  official  traveler  may  also  pay  for 
their  transportation,    subsistence,  and  lodging,  and    sub-vouchers 
must  be  taken  in  accordance  with  sections  26,  27,  and  28. 

42.  Stenographic  or  typewriter  service. — Charges  for  sten- 
ographic or  typewriter  service  when  provided  by  law  or  specially 
authorized  or  approved. 

43.  Incidental     expenditures. — Charges     for     miscellaneous 
items  of  expense  peculiar  to  the  exigencies  of  the  work  on  which 
employed.     Charges  not  allowed  by  bureau    or  office    regulations 
must  be  specially  authorized  or  approved  by  the  head  of  the  depart- 
ment, bureau,  or  office. 


TRAVEL  ORDERS.  433 

44.  Emergency  expenditures. — Emergency  expenditures  not 
enumerated  in  any  of  the  foregoing  classes,  such  as  the  payment 
of  extra  fare  on  limited  trains  when  delay  would  injuriously  affect 
the  public  interests,  or  the  use  of  an  extra  room  at  a  hotel,  when 
necessary  for  the  proper  transaction  of    official    business.     When 
such  a  charge  is  made,  the  nature  of  the  emergency  must  be  clearly 
set  forth  in  writing  and  the  expenditure  must  bear  the  approval  of 
the  head  of  the  department  or  the  chief  of  the  bureau  or  office  un- 
der whose  supervision  the  travel  is  performed,  or  of  the  subordi- 
nate officer  to  whom  such  authority  has  been  delegated. 

45.  Field-party  expenses. — Officials  in  charge  of  field  parties 
may,  when  duly  authorized,  hire  horses,  employ  drivers,  laborers, 
cooks,  and  other  temporary  minor  assistants  for  service  in  the  field. 
When  necessary,  they  may  also  purchase  camp  outfits  and  subsist- 
ence supplies,  sub-vouchers  to  be  taken  therefor,  in  accordance  with 
sections  13  to  15,  inclusive.     Sub-vouchers  for  subsistence  supplies 
for  camp  use  must  show  the  number  of  persons  composing  the  field 
party  for  the  use  of  which  the  supplies  were  purchased.     Such  ex- 
penditures must  be  limited  strictly  to  those  obligations  which  it  is 
impracticable  to  have  paid  directly  by  a  disbursing  officer. 

TRAVEL  ORDERS. 

Before  any  expense  for  travel  is  incurred  by  any  person  not  hold- 
ing general  travel  orders  (Form  7-746)  from  the  Director,  such 
person  should  be  given  by  his  superior  officer  specific  orders  on 
Form  7-747,  "Special  Travel  Orders."  This  special  travel  order 
should  be  based  on  general  travel  orders  authorizing  such  superior 
officer  to  order  his  subordinates  to  travel.  A  copy  of  the  special 
travel  order  must  be  submitted  with  each  travel  voucher  of  such 
subordinate  employee  before  payment  thereon  will  be  made.  Gen- 
eral travel  orders  specifically  state  that  "when  it  is  necessary  that 
your  subordinate  should  travel  on  official  business,  you  will,  in  ad- 
vance, issue  special  travel  orders  to  such  employee  on  Form  7-131, 
a  signed  copy  of  which  should  accompany  the  travel  expense 
vouchers."  Form  7-131  makes  no  provision  for  the  return  jour- 
ney, thus  when  it  is  intended  that  the  employee  should  return  to  the 
point  from  which  he  started,  such  instructions  should  be  plainly 
stated  in  the  order,  as  well  as  all  points  to  be  covered  by  the  par- 
ticular trip  authorized.  (See  TRAVEL  EXPENSE;  SUBSISTENCE.) 


434  RECLAMATION     SERVICE     MANUAL. 

VOUCHER  REGISTERS. 

The  "Register  of  disbursements  and  transfer  vouchers,  received" 
and  "Register  of  collections  and  transfer  vouchers  issued,"  Forms 
7-850  and  7-851,  shall  be  used  to  record  all  vouchers  containing  a 
debit  or  credit  to  the  project.  The  columns  headed  "Disbursement 
vouchers"  and  "transfers  received"  should  show  the  total  amount  of 
the  voucher  and  the  extension  columns  to  the  right  should  be  used  to 
note  the  distribution  of  the  charges.  If  there  are  not  sufficient  col- 
umns to  provide  one  for  each  heading  the  combination  column  at  the 
extreme  right  of  the  page  headed  "Miscellaneous"  should  be  used 
for  vouchers  chargeable  to  the  accounts  which  cannot  be  provided 
for  in  the  columns.  The  name  of  the  account  should  be  written  on 
the  line  in  each  case,  and  at  the  end  of  the  month  a  recapitulation  of 
the  items  in  this  column  should  be  made  up  and  written  into  the 
book.  It  will  probably  be  found  desirable  to  write  this  in  some  un- 
occupied portion  of  the  sheet  at  the  end  of  the  month's  business. 
The  same  methods  should  be  applied  to  the  entries  to  be  made  in 
the  register  of  collections  and  transfer  vouchers  issued. 

VOUCHERS  FOR  MEALS  FURNISHED. 

Accounts  representing  payments  for  subsistence  furnished  em- 
ployees should  in  addition  to  statement  of  the  total  number  of  meals 
furnished  at  a  specified  rate  per  meal,  be  accompanied  by  the  meal 
tickets  representing  the  meals  furnished  as  evidence  of  the  perform- 
ance of  the  service  for  which  payment  is  claimed.  Note  should  be 
made  in  the  account  of  the  number  of  meal  tickets  covered.  The  ac- 
count, however,  should  contain  a  statement  that  deduction  has  been 
or  will  be  made  from  the  pay  of  employees  to  whom  such  subsist- 
ence has  been  furnished,  at  the  established  rate.  The  account  should 
be  so  stated  as  to  give  inclusive  dates.  Where  meal  tickets  are  not 
used  the  vouchers  should  give  the  names  of  the  employees  to  whom 
meals  are  furnished,  the  number  of  meals  for  each,  and  the  number 
of  the  special  fiscal  agent's  voucher  upon  which  deduction  is  made. 

VOUCHERS,    DISBURSEMENT,    EXAMINATION     OF, 
IN  DIRECTOR'S  OFFICE. 

Upon  receipt  of  special  fiscal  agent's  vouchers,  the  amounts  of 
the  vouchers  are  at  once  added,  and  the  vouchers  are  examined  to 


VOUCHERS,  DISBURSEMENT,   EXAMINATION  OP.  435 

see  that  none  are  omitted.  Each  original  voucher  is  compared  with 
the  copy  thereof  as  to  the  amount,  certification  and  approval.  A 
card  record  is  made  of  the  amount  represented  by  the  vouchers 
submitted,  and  the  memorandum  copy  of  each  voucher  is  then  filed 
to  support  the  bookkeeping  records.  Particular  attention  is  given 
to  insure  that  all  vouchers  are  aproved  by  properly  authorized 
persons,  that  the  numbers,  dates  and  amounts  of  checks  are  entered 
on  the  vouchers  and  that  the  names  of  special  fiscal  agents  and 
voucher  numbers  are  not  omitted.  Purchase  vouchers  are  exam- 
ined in  general  with  reference  to  the  following  matters  : 

(a)  Whether  the  purchase  is  a  proper  charge  against  the  United 
States. 

(b)  If  the  purchase  is  made  under  contract,  whether  the  terms 
of  contract  are  complied  with  and  whether  the  date  of  contract  is 
consistent  with  the  dates  of  purchase. 

(c)  If  a  purchase  is  made  under  competitive  proposals,  whether 
the  bids  are  abstracted  and  the  proposals  signed  and  whether  the 
acceptance  is  signed  by  an  authorized  person. 

(d)  Whether  the  lowest  bid  is  accepted,  and  if  not,  whether  a 
satisfactory  reason  for  not  accepting  it  is  given. 

(e)  Whether  the  purchase  is  made  at  the  price  quoted,  and  if 
not,  whether  a  satisfactory  reason  for  the  different  price  is  given. 

(f)  When  partial  payment  is  made,  whether  the  amounts  pre- 
viously paid  agree  with  the  present  record. 

(g)  Whether  the  date  of  purchase  antedates  the  date  of  the 
acceptance  or  the  date  of  the  proposal. 

(h)  Whether  the  original  of  each  contract  to  which  reference, 
is  made  is  on  file  in  the  Auditor's  office  and  a  copy  thereof  on 
file  in  the  Director's  office.  When  a  special  fiscal  agent  has  failed 
to  note  on  pay-rolls  or  service  vouchers,  when  paying  a  fractional 
part  of  a  31  day  month,  "service  terminated"  or  "balance  of  the 
month  will  be  paid  on  subsequent  voucher,"  his  attention  is  called 
to  the  oversight.  When  vouchers  are  received  for  large  amounts 
without  proper  certification  and  approval,  new  credit  is  withheld 
until  such  certification  and  approval  is  obtained  by  wire  or  mail. 
In  case  a  contract  calls  for  partial  payments,  or  partial  deliveries, 
a  record  of  all  partial  payments  is  kept  on  a  separate  sheet  attached 
to  the  contract.  In  checking  service  vouchers,  payrolls  and  pur- 
chase vouchers  received  from  the  field,  computations  and  additions 


436  RECLAMATION     SERVICE     MANUAL. 

are  not  verified  in  the  Director's  office  and  the  field  offices  should 
exercise  great  care  in  computing  and  checking  vouchers  in  these 
respects  so  that  errors  of  this  nature  may  be  reduced  to  a  minimum. 
Miscellaneous  claims  settled  by  the  Treasury  Department  and  ac- 
counts (purchase  and  service  vouchers)  paid  by  the  special  fiscal 
agent  in  the  Director's  office  are  examined  in  every  detail,  as  to 
computation,  extensions,  signatures,  dates,  etc. 

VOUCHERS,  PREPARATION  AND  PAYMENT  OF. 

Actual  expenses,  reimbursement  for,  par.  16. 

Affidavit,  omission  of,  par.  20. 

Checks,  par.  2. 

Computing  amounts  due  for  miscellaneous  services,  par.  29. 

Computing  amounts  due  for  personal  services,  par.  28. 

Expenses  not  personal,  par.  17. 

Fractional  days,  per  diem  for,  par.  15. 

Freight  or  express  charges,  payment  of,  par.  33. 

General,  par.  1. 

Itemization,  par.  10. 

Memorandum  copies,  par.  7. 

Mutilated  vouchers,  par.  31. 

Number  of  vouchers  to  be  made,  par.  32. 

Only  one  voucher  to  be  taken,  par.  4. 

Open  payroll,  par.  27. 

Payment,  par.  6. 

Payment  of  employees,  par.  26. 

Payroll,  preparation  and  checking  of,  par.  25. 

Per  diem  allowance  in  lieu  of  subsistence,  par.  14. 

Personal  funds,  use  of,  par.  18. 

Preparation,  par.  5. 

Purchases,  how  made,  par.  11. 

Purchases,  vouchers  for,  par.  8. 

Reimbursement  for  personal  expenses,  vouchers  for,  par.  12. 

Retained  copies  of  vouchers,  par.  30. 

Services,  distinction  between  disbursements  for,  par.  24. 

Signatures,  par.  9. 

Street-car  fares,  par.  23. 

Sub-vouchers,  use  of,  par.  22. 


VOUCHERS,    PREPARATION    AND    PAYMENT   OF.  437 

Supplies,  vouchers  for  payment  of,  par.  34. 

Telephone  tolls,  information  on  vouchers  covering,  par.  35. 

Transportation,  excessive  charges  for,  par.  21. 

Transportation  requests,  listing  of,  par.  19. 

Travel  orders,  par.  13. 

Unit  prices,  where  different  for  different  dimensions,  par.  36. 

Verification,  par.  3. 

CROSS  REFERENCE. 

TRAVEL  EXPENSE. 

VOUCHERS  AND  CLAIMS,  CERTIFICATION  AND  APPROVAL  OF. 

1.  General. — Except  where  receipts  are  required  by  law  or 
contract,  no  payments  by  special  fiscal  agents  will  be  evidenced  by 
receipts  unless  such  payments  are  made  in  cash,  that  is,  currency. 
(SEE  CASH  PAYMENTS.) 

2.  Checks. — Special  fiscal  agents  will  note  on  vouchers  paid 
by  check  the  date,  number,  amount  of  check,  and  the  name  of  the 
depositary  on  which  drawn.     They  will  likewise  note  on  the  check 
the  number  or  other  necessary  description  of  the  voucher. 

3.  Verification. — All  vouchers  for  payment  by  special  fiscal 
agents,  except  those  required  by  law  to  be  verified  by  affidavit,  and 
the  expense  accounts  of  civilian  officers,  employees  and  agents  of 
the  Government,  which  shall  be  verified  by  affidavit,  shall  be  certi- 
fied by  the  claimant  as  correct  and  just,  except  that  vouchers  for 
compensation   for  personal  services   rendered  under  the  personal 
supervision  of  some  administrative  officer  and  so  certified  by  him 
need  not  be  certified  by  the  claimant,  provided  the  voucher  de- 
scribes specifically  the  position,  the  rate  of  compensation  and  the 
period  covered.     Special  fiscal  agents  should  not  certify  or  approve 
vouchers  which  they  pay,  nor  should  they  submit  certificates  signed 
by  themselves  in  explanation  of  apparent  incorrect  statement  of 
vouchers.     (SEE  VOUCHERS  AND  CLAIMS,  CERTIFICATION  AND  AP- 
PROVAL OF.)      This  does  not  apply  where  the  matter  is  one  exclu- 
sively within  their  responsibility  and  duty.     The  certifying  and 
approving  officer  should  not  change  in  any  particular,  by  erasure 
or  otherwise,  the  wording  of  the  printed  certificate  on  the  voucher. 
The  only  exception  to  this  may  be  the  changing  of  the  certificate 
on  a  traveling  expense  voucher  to  conform  with  the  travel  order, 


438  RECLAMATION     SERVICE     MANUAL. 

or  on  a  service  voucher  in  payment  of  a  disability  claim  approved 
by  the  Secretary  of  Labor. 

4.  Only  one  voucher  to  be  taken. — Unless  required  by  law, 
vouchers  should  not  be  taken  in  exact  duplicate,  triplicate,  etc.    Only 
one  copy  of  a  voucher,  the  original,   should  contain  signed  cer- 
tificates, approvals,  and  receipts.    As  many  copies,  in  memorandum 
form,  duly  authenticated  by  the  chief  clerk  of  the  project,  may  be 
taken  as  administrative  requirements  demand.     All  disbursement 
vouchers  should  be  stated  in  favor  of  the  party  supplying  the  serv- 
ices, or  articles,  to  the  Government,  except  that  vouchers  may  be 
stated  in  favor  of  officers  or  employees  in  the  following  cases  : 

(a)  To  reimburse  them  for  amounts  actually  paid  by  them  for 
their  own  personal  or  transportation  expenses,  and  for  others  au- 
thorized to  accompany  them. 

(b)  To  reimburse  them  for  amounts  actually  paid  by  them  for 
services,  or  purchases,  which  they  could  secure  only  upon  an  agree- 

/-^  ment  for  immediate  cash  payment. 

5.  Preparation. — All  vouchers   should  be   prepared   for  the 
project  engineer,  or  chief  clerk,  and  first  checked  as  correct  by  the 
employee  having  direct  knowledge  of  the  transaction,  either  through 
conducting  it  himself,  or  having  possession  of  the  record  made  by 

:     the  employee  who  did  conduct  it.     All  vouchers  should  be  type- 
written, making  the  necessary  memorandum  copies  by  the  use  of 
sheets. 

6.  Payment. — Payment  should  be  made  promptly  upon  all 
properly  prepared  and  authenticated  vouchers  when  presented  to 
the  special   fiscal  agent.     Vouchers  representing  payments  made 
under  contract  should  conform  to  the  provisions  of  the  contract, 
relative  to  the  manner  of  making  payments. 

7.  Memorandum    copies. — Memorandum    copies    should    be 
prepared  by  the  use  of  carbons,  and  should  show  all  information 
appearing  on  the  original  of  the  voucher  or  claim,  but  they  require 
only  one  actual  signature,  namely,  that  of  the  chief  clerk.     The 
names  of  all  other  persons  certifying  or  approving  should  be  in- 
serted for  record  purposes,  and  by  pen,  typewriter,  or  rubber  stamp, 
as  may  be  most  convenient.    Routine  signing  by  responsible  officers 
and  claimants  should  be  reduced  to  the  certification  and  approval  of 
the  original  claims  alone. 

8.  Purchases,  vouchers  for. — Purchase  vouchers  (Form  7-426 


VOUCHERS,    PREPARATION    AND    PAYMENT    Of.  439 

and  7-428)  should  be  used  in  making  disbursements  for  purchases 
whether  under  contract  or  not,  and  for  all  other  payments  except 
those  for  personal  services,  traveling  and  miscellaneous  expenses, 
continuing  construction  contracts,  railroad  freight  and  expressage 
payments,  redemptions  of  coupons  and  meal  tickets,  and  payments 
properly  vouchered  upon  miscellaneous  claims  (Form  7-440). 
Vouchers  should  be  prepared  at  the  project  office  for  the  project 
engineer  or  chief  clerk,  who  should  see  that  the  work  is  done  in  a 
neat  and  businesslike  manner.  Engineers  located  in  places  remote 
from  the  project  office  should  promptly  O.  K.  and  forward  to  the 
project  office  all  bills  and  invoices  representing  liabilities  incurred 
by  them.  Labor  in  the  preparation  of  vouchers,  and  in  handling 
them  afterward  may  be  avoided  by  reducing  the  number  of  vouchers 
as  much  as  possible.  To  this  end  all  of  the  invoices  from  one  in- 
dividual or  firm  that  are  on  hand  at  the  time  of  preparing  vouchers 
should  be  included  in  a  single  voucher. 

9.  Signatures. — The  name  at  the  top  of  the  voucher  must  be 
identical  with  the  name  signed  to  the  certificate,  testifying  to  the 
bill  being  correct  and  just.     John  J.  Jones  and  J.  J.  Jones  are  not 
identical.    Exception  is  made  only  when  the  certificate  is  signed  by 
the  authorized  agent  of  an  incorporated  or  unincorporated  com- 
pany, firm  or  partnership,  when  the  name  of  the  person  signing, 
with  his  or  her  designation,  or  official  title,  should  follow  the  name 
stated  exactly  as  it  appears  at  the  top  of  the  voucher.     Observe 
closely  the  instructions  printed  on  the  face  of  vouchers  immediately 
to  the  left  of  the  space  for  certification.     Vouchers  in  favor  of 
persons  who  cannot  write  their  names  must  be  signed  by  mark  and 
witnessed  by  a  disinterested  person. 

10.  Itemization. — For  each  item  of  purchase  the    voucher 
must  show  the  number  of  units,  the  price  or  rate  per  unit,  and  the 
total  cost.     Thus  it  would  be  inadmissible  to  write  merely  "Hay, 
$10.00,"  but  it  is  necessary  to  state  the  weight  and  price  per  unit 
of  weight.     If,  however,  a  piece  of  work  is  done  as  a  job  it  is  suf- 
ficient to  state  that  fact,  carrying  out  the  price  for  the  entire  job. 
Whenever  the  amount  of  payment  depends  on  a  period  of  time,  as 
in  case  of  subsistence  or  forage  by  the  day,  storage,  rent  of  build- 
ings or  equipment,  the  limiting  dates  must  be  stated.     In  vouchers 
covering  the  purchase  of  animals 'a  full  description  of  each  animal 
giving  age,  height,  weight,  color,  sex,  brands,  etc.,  must  appear. 
Several  deliveries  of  similar  articles  on  the  same  date  by  a  single 


440  RECLAMATION     SERVICE     MANUAL. 

firm,  as  daily  deliveries  of  meats  to  different  camps,  should 
be  so  vouchered  as  to  avoid  the  appearance  of  duplicate  pay- 
ment. This  may  be  done  by  adding  together  all  similar  deliveries 
for  each  date  and  entering  in  one  item,  or  giving  point  of  delivery 
for  each,  or  by  a  note  to  the  effect  that  the  deliveries  included  are 
not  duplications.  A  voucher  containing  two  entries  of  100  pounds 
of  beef  on  the  same  date  would  immediately  raise  the  presumption 
that  a  duplication  of  payment  had  been  made.  One  entry  of  200 
pounds  of  beef,  or  two  entries  as  above  described  as  having  been 
delivered  to  two  different  camps  or  with  the  statement  that  they 
do  not  represent  a  duplication  of  payment  does  not  raise  such  a 
presumption. 

Where  vouchers  are  stated  for  repairs  to  equipment,  or  for  ser- 
vices performed  on  livestock,  an  affirmative  statement  should  ap- 
pear thereon  to  the  effect  that  such  repairs  were  made,  or  services 
performed,  on  Government  property.  If  such  repairs  are  made, 
or  services  performed,  on  contractor's  equipment  or  live  stock,  a 
reference  must  be  made  to  contract  showing  the  liability  of  United 
States,  and  where  such  liability  does  not  exist  reference  must  be 
made  to  fiscal  agent's  voucher  number  showing  appropriate  deduc- 
tion from  amount  due  the  contractor  on  account  of  the  payment  by 
the  United  States  for  such  repairs  to  equipment  or  services  per- 
formed on  livestock.  Where  items  appear  on  vouchers  the  pro- 
priety of  which  would  be  open  to  question  as  to  their  being  a  proper 
charge  against  the  United  States  affirmative  statement  should  ap- 
pear explanatory  of  such  items.  Examples  of  this  class  are  articles 
of  personal  wearing  apparel,  articles  for  the  personal  comfort  of  the 
employee,  repairs  to  equipment  similar  to  that  in  general  use  by 
contractors  engaged  on  the  work,  etc.  It  is  necessary  when  ma- 
terial is  purchased  in  pursuance  of  a  contract  that  each  item  vouch- 
ered be  described  as  indicated  in  the  contract  so  as  to  permit  of 
ready  identification.  Vouchers  for  material  purchased  under  dif- 
ferent prices  per  unit  should  show  that  items  purchased  are  those 
bid  upon.  The  same  applies  to  material  purchased  under  adver- 
tisement, proposal  and  acceptance. 

Where  items  appear  on  vouchers  the  propriety  of  which  would  be 
open  to  question  as  to  their  being  a  proper  charge  against  the 
United  States  affirmative  statement  should  appear  explanatory  of 
such  items.  Examples  of  this  class  are  articles  of  personal  wear- 


VOUCHERS,    PREPARATION    AND   PAYMENT   OF.  441  n 

ing  apparel,  articles  for  the  personal  comfort  of  the  employee,  re-  $ 
pairs  to  equipment  similar  to  that  in  general  use  by  contractors 
engaged  on  the  work,  etc. 

11.  Purchases,  how  to  make. — Purchases  should  be  made  in 
accordance  with  the  law  relative  to  securing  competition  and  adver- 
tisement for  proposals.    If  an  emergency  exists  that  will  not  admit 
of  the  delay  incident  to  advertising  full  information  should  be 
inserted  in  the  voucher  certificate.    If  purchases  are  made  in  accord- 
ance with  informal  advertisement,  proposal  and  acceptance  (Form 
7-704),  the  same  should  accompany  the  voucher,  and  if  such  in- 
formal advertisement,  proposal  and  acceptance  has  been  forwarded 
with  a  previous  voucher,   reference  should  be  made  thereto  by 
special  fiscal  agent's  voucher  number.     This  reference  should  ap- 
pear in  the  engineer's  certificate  showing  method  of  purchase.     If 
purchases  are  made  in  accordance  with  informal  agreements   or 
contracts  reference  thereto  by  dates  should  be  made  in  the  cer- 
tificate.    All  miscellaneous  services,  including  rent,  storage,  team 
hire,  heating,  lighting,  telephone,  etc.,  where  payment  therefor  is 
made  at   frequent  or  stated  intervals,   are  classed   as   continuous 
services,  and  should  be  covered  by  contract,  regardless  of  whether 
or  not  there  was  competition.     Computations  for  team  hire,  pas- 
turage, rentals,  etc.,  should  be  made  upon  the  basis  of  the  actual    < 
number  of  days  in  the  month. 

12.  Reimbursement  for  personal  expenses,  vouchers  for. — 
Traveling   and   miscellaneous   expense   vouchers   represent   claims 
made  by  employees  for  reimbursement  of  amounts  advanced  from 
their  personal  funds  in  settlement  of  expenses  incurred  by  them  in- 
cident to  authorized  journeys.     The  journeys  must  be  authorized 
by  general  travel  orders  (Form  7-746),  or  by  special  travel  orders 
(Form  7-747). 

13.  Travel  orders. — General  travel  orders  are  issued  in  tri- 
plicate by  the  Director,  one  copy  being  filed  with  the  Auditor  for 
the  Interior  Department,  one  delivered  to  the  employee  and  one  kept 
on  file  in  the  office  of  the  Director.     A  general  travel  order  bears  a 
serial  number  and  fixes  the  method  of  reimbursement  of  expenses, 
and  may  provide  for  the  employee's  authorizing  his  assistants  to 
make  journeys.     Special  travel  orders  are  issued  to  subordinate 
employees  by  employees  having  authority  therefor  under  general 
travel  orders  issued  in  their  name.     All  accounts  covering  expenses 


442  RECLAMATION  SERVICE  MANUAL. 

incurred  in  connection  with  journeys  made  in  pursuance  of  general 
travel  orders  should  contain  a  reference  in  the  certificate  of  the 
voucher  to  the  number  of  the  general  travel  order ;  accounts  covering 
expenses  incurred  in  connection  with  a  journey  under  authority 
of  a  special  travel  order  should  be  accompanied  by  a  copy  of  the 
special  travel  order,  and  the  certificate  should  refer  to  the  number 
of  the  general  travel  order  and  special  travel  order  issued  there- 
under. 

14.  Per  diem  allowance  in  lieu  of  subsistence. — Officers  or 
employees  whose  salaries  are  not  fixed  by  statute,  when  traveling 
under  travel  orders,  may  be  allowed  in  lieu  of  refund  of  actual  ex- 
penses, a  per  diem  allowance,  the  amount  to  be  fixed  by  the  Di- 
rector with  the  approval  of  the  Secretary  of  the  Interior.  The 
statement  of  additional  per  diem  compensation  in  lieu  of  actual 


personal  expenses  should  show  the  details  of  time  by  inclusive  days, 
,with  exceptions  stated,  and  the  total  in  days  at  the  per  diem  rate. 


. 

15.  Fractional  days,  per  diem  for. — Full  additional  per  diem 

compensation  will  be  allowed  to  employees  holding  general  travel 
orders  on  that  basis  for  fractional  parts  of  a  day  when  the  depar- 
ture from  headquarters  is  before  6  p.  m.,  or  the  return  to  head- 
quarters is  after  6  a.  m.,  but  no  additional  per  diem  compensation 
will  be  allowed  for  fractional  parts  of  a  day  when  the  departure  is 
after  6  p.  m.  or  the  return  to  headquarters  is  before  6  a.  m. 

16.  Actual   expenses,   reimbursement  for. — When   the   em- 
ployee is  traveling  on  an  actual  expense  basis,  items  will  be  allowed 
for  actual  necessary  expenses,  subject  to  such  restrictions  as  are 

'  established  by  the  Treasury  and  Interior  Department  regulations. 

17.  Expenses  not  personal. — Statement  of  actual  transporta- 
tion and  other  miscellaneous  expense  not  personal  should  show  the 
details  of  payments  chronologically,  and  the  total  thereof  should  be 
carried  to  the  recapitulation  in  one  amount.     This  class  of  expense 
should   include   amounts  paid   for  transportation   upon   railroads, 
sleeping  and  parlor-cars,  stages,  and  for  livery,  tolls,  ferriage,  tele- 
grams and  telephone  service  and  other  miscellaneous  expense  not 
personal  to  the  traveler,   as  necessary  incidental  purchases,   tem- 
porary employment  of  assistants,  etc. 

18.  Personal  funds,  use  of. — Personal  funds  may  be  advanced 
for  all  personal  and  miscellaneous  expenses  which  are  necessary  to 
enable  the  employee  to  perform  his  official  duties,  also  for  trans- 


VOUCHERS,    PREPARATION    AND    PAYMENT   OF.  443 

portation  expenses  where  it  is  certified  that  transportation  requests 
could  not  be  used.  When  it  is  necessary  for  a  traveler  to  advance 
his  personal  funds  for  supplies  purchased  or  services  of  an  assist- 
ant, the  sub-voucher  should  indicate  this  fact  by  bearing  this  nota- 
tion, "Immediate  payment  demanded  by  payee  upon  furnishing  ar- 
ticles or  services." 

19.  Transportation  requests,  listing  of. — Transportation  re- 
quests used  during  the  period  and  for  the  journeys  covered  by  a 
voucher  should  be  listed  thereon  in  order  to  assemble  in  one  place 
a  record  of  the  entire  expense  during  the  period  of  the  account. 

20.  Affidavit,  omission  of. — Where  by  the  taking  of  an  affi- 
davit the  disclosure  of  the  fact  of  the  presence  of  a  Government 
officer,  agent,  or  employee  at  the  particular  place  where  such  affi- 
davit is  taken  will  be  detrimental  to  the  public  interest,  the  affidavit 
may  be  omitted,  and  the  account  certified  on  honor  as  correct,  ac- 
companied by  a  statement  showing  the  conditions  which  made  it 
impracticable  to  secure  the  affidavit. 

21.  Transportation,  excessive  charges   for. — When    unusual 
rates  or  excessive  amounts  of  transportation  are  charged  explana- 
tory certificates  setting  forth  the  necessity  for  the  transportation 
must  accompany  the  vouchers,  and  if  approved  by  the  Director 
such  charges  will  be  allowed.     Charges  for  excess  baggage  will  not 
be  allowed.     When  an  employee  is  obliged  to  transport  private  or 
public  property  which  is  an  essential  equipment  for  his  work,  such 
property  should  be  shipped  by  freight,  or  in  exceptional  cases  by  ex- 
press, on  a  Government  bill  of  lading. 

22.  Sub-vouchers,  use  of. — Sub-vouchers  should  be  used  only 
in  connection  with  main  vouchers,  never  as  main  or  independent 
vouchers.    Under  no  circumstances  should  a  sub-voucher  be  signed 
before  the  amount  in  words  is  written  in  the  receipt. 

23.  Street-car  fares. — Charges  for  street-car  fares  at  official 
headquarters  will  not  be  allowed  unless  it  is  shown  on  the  voucher 
that  they  are  made  necessary  on  account  of  the  transportation  of 
Government  property  or  documents  that  require  the  personal  at- 
tendance of  the  employee  presenting  the  account  or  of  an  assistant 
to  whom  the  amount  was  advanced,  or  were  made   necessary   in 
pursuance  of  authorized  travel  when  proceeding  to  and  from  depot 
at  such  official  headquarters. 

24.  Services,  distinction  between  disbursements  for. — Dis- 


444  RECLAMATION  SERVICE  MANUAL. 

bursements  made  for  services  rendered  are  of  two  classes,  one  in- 
volving payments  for  personal  and  the  other  for  miscellaneous  ser- 
vices. 

(a)  Personal. — Disbursements  for  personal  services  comprise  the 
payment  of  salaries  or  wages  to  persons  employed  on  an  annual, 
monthly,  daily  or  hourly  basis. 

(b)  Miscellaneous. — Disbursements    for   miscellaneous   services 
comprise  the  payments  made  for  purchases  of  supplies  generally, 
and  payments  made  for  power,  heat,  light,  rent,  telegraph,  tele- 
phone, horse  hire,  etc. 

25.  Payrolls,  preparation  and  checking  of. — All  payrolls,  and 
;,  especially  where  large  forces  are  employed,  should  receive  close 
scrutiny,  j  The  work  of  the  timekeeper  should  be  checked  frequently 
by  the  foreman,  head  of  the  various  camps  or  the  chief  clerk  to 
see  that  the  men  enrolled  as  performing  services  are  actually  em- 
ployed and  are  filling  the  positions  and  receiving  the  pay  as  desig- 
0  nated.  j  When  the  time  sheets,  together  with  the  recapitulations  of 
\'o  earnings  by  account  numbers,  recapitulations  of  deductions  and 
amounts  payable  have  been  received  in  the  office  they  should  be 
checked  and  given  to  the  bookkeeper  for  entry  in  his  general 
classification  book  and  then  passed  to  the  payroll  clerk  for  prepara- 
tion of  payroll.  In  some  cases  it  may  be  necessary  to  prepare  the 
payroll  before  making  the  entries  in  the  classification  book,  but 
whenever  possible  the  bookkeeper  should  make  his  entries  before 
submitting  it  to  the  payroll  clerk.  Any  errors  that  may  be  dis- 
covered afterwards  should  be  reported  promptly  to  the  bookkeeper 
so  that  his  classification  book  entries  may  be  corrected  in  accordance 
with  changes  made  in  the  time  sheets.  After  the  payroll  has  been 
written  it  should  be  initialed  by  the  person  making  the  same,  and 
the  payroll,  together  with  the  time  sheets  should  be  turned  over  to 
a  second  person  for  the  purpose  of  checking  the  transcript  of  the 
information  contained  on  the  time  sheets  to  the  payroll.  After  it 
has  been  checked,  and  errors,  if  any,  corrected,  the  payroll  should 
be  initialed  by  the  person  checking  it,  certified  by  the  project  man- 
ager, or  other  employee  duly  authorized  by  him,  approved  by  the 
Supervising  Engineer,  or  other  employee  duly  authorized  by  him, 
which  last  mentioned  authorization  must  be  of  record  in  the 
Director's  office,  and  turned  over  to  the  special  fiscal  agent  for 
payment.  For  services  of  mechanics  or  laborers  in  excess  of  the 


VOUCHERS,    PREPARATION    AND    PAYMENT   OF.  445 

eight-hour  day,  to  which  construction  work  is  limited  by  act  of 
August  1,  1892  (27  Stat,  340),  the  extraordinary  emergency  neces- 
sitating such  extra  time  must  be  evidenced  by  a  certificate,  signed 
by  the  engineer  in  charge  of  the  work,  in  the  following  form : 

I  certify  that  the  labor  of  the  mechanics  and  laborers  to  whom 
payments  are  made  hereon  for  services  in  excess  of  eight  hours 
per  day  was  required  by  an  extraordinary  emergency  within  the 
meaning  of  the  act  of  August  1,  1892  (27  Stat.,  340). 

The  payroll  clerk  should  have  available  all  personnel  records, 
such  as  papers  relating  to  appointments,  applications  for  employ- 
ment, transfers  of  employees,  etc.,  and  should  check  service,  travel 
and  field  expense  accounts,  and  personal  service  cards. 

A  long-carriage  typewriter  should  be  used  in  preparing  payrolls 
in  order  that  the  original  voucher  and  two  carbon  memorandum 
copies  may  be  prepared  at  one  operation. 

26.  Payment  of  employees. — It  would  be  well  to  settle  upon 
some  day,  as  soon  as  possible  after  the  first  of  the  succeeding  month, 
not  later  than  the  10th,  for  a  regular  pay  day.  If  this  is  done  it 
will  tend  to  prevent  employees  from  importuning  the  office  for 
payment  before  that  date.  Employees  who  do  not  wish  to  work 
during  these  ten  days,  or  who  are  discharged,  should  be  sent  to  the 
office  to  be  paid  upon  an  "open  roll."  In  all  cases  where  prac- 
ticable the  special  fiscal  agent  should  personally  deliver  the  checks 
to  the  employees,  and  from  time  to  time  it  may  be  desirable  for 
the  chief  clerk  or  some  other  person  having  nothing  to  do  directly 
with  the  time  keeping,  preparation  of  payrolls  or  the  issuing  of 
checks  to  either  personally  deliver  the  checks  or  be  present  at  their 
delivery  in  order  to  detect  padding  of  rolls.  It  is  needless  to  say 
that  when  this  is  contemplated  no  advance  notice  should  be  given 
to  the  timekeeper,  payroll  clerk  or  special  fiscal  agent.  ( See  payroll 
clerk.)  Temporary  field  employees  may  be  paid  on  single  service 
vouchers,  payrolls,  or,  when  necessary,  by  regular  employees  on 
sub-vouchers.  In  the  latter  case,  a  note  explaining  the  necessity 
for  making  such  payment  should  be  made  on  the  sub-voucher,  such 
as  "Immediate  payment  demanded  by  payee  on  completion  of  the 
service."  Where  overtime  is  shown  on  a  payroll  or  service  voucher, 
such  voucher  must  bear  the  following  certification : 

"I  certify  that  the  labor  of  mechanics  and  laborers  to 


446  RECLAMATION  SERVICE  MANUAL,. 

whom  payments  are  made  hereon  in  excess  of  eight  hours 
per  day  was  required  by  an  extraordinary  emergency  within 
the  meaning  of  the  act  of  Aug.  1,  1892  (27  Stat.,  340)." 

The  amount  of  overtime  for  each  day  should  be  given  on  vouchers 
showing  payments  to  laborers  and  mechanics  in  excess  of  eight 
hours  a  day. 

27.  Open  payroll. — An  open  payroll  should  be  kept  in  the 
office  so  that  when  a  man  is  discharged  and  presents  a  time  check 
he  may  be  paid  as  soon  as  possible.     A  slip  showing  the  total  of 
this  roll  at  the  end  of  each  day's  business  should  be  given  by  the 
payroll  clerk  to  the  special  fiscal  agent  in  order  that  he  may  balance 
his  account  every  day.     As  time  checks  are  received  they  should  be 
pinned  to  the  open  payroll  and  later  filed  with  -the  memorandum 
copy  retained  in  the  project  office.     The  payroll  clerk  should  list 
all  time  checks  under  the  names  of  the  timekeepers  whose  names 
appear  thereon.     When  the  time  books  are  checked  prior  to  the 
preparation  of  the  payrolls,  he  should  check  against  this  the  list 
of  names  of  all  men  to  whom  time  checks  have  been  given  and 
make  an  additional  list  for  employees  not  on  the  first  list.     The 
second  list  will  represent  the  unpaid  labor  outstanding  and  furnish 
the  details  for  the  unpaid  labor  statement. 

28.  Computing   amounts   due   for   personal   services. — Dis- 
bursements for  services  comprise  the  payment  of  salaries  or  wages 
reckoned  by  the  year,  month,  day  or  hour.     Permanent  employees 
are  generally,  though  not  always,  paid  an  annual  salary.     In  com- 
puting the  time  for  which  payment  is  due  and  the  amount  thereof, 
the  following  instructions  should  be  followed: 

(a)  For  pay  purposes  all  months  in  the  year  will  be  reckoned 
:as  containing  thirty  days. 

(b)  For  employees  receiving  compensation  at  an  annual  rate, 
one-twelfth  of  the  annual  rate  shall  be  the  pay  for  each  calendar 
month,  as  provided  by  the  act  of  June  30,  1906  (34  Stat.  L.,  763, 
see  p.  518.) 

(c)  For  employees  receiving  compensation  at  an  annual  or  a 
monthly  rate,  one-thirtieth  of  the  monthly  rate  or  one-thirtieth  of 
one-twelfth  of  the  annual  rate  shall  be  the  rate  of  pay  per  day,  as 
provided  in  the  act  above  referred  to. 

(d)  For  services  during  a  fractional  part  of  a  month,  subtract 
from   30   the  number   of   days   elapsed  before   appointment   and 


VOUCHERS,    PREPARATION    AND    PAYMENT   OF.  447 

multiply  by  one-thirtieth  of  the  monthly  compensation ;  or  subtract 
from  30  the  number  of  days  absent  without  pay,  or  on  account 
of  furlough  at  the  request  of  the  employee,  and  multiply  by  one- 
thirtieth  of  the  monthly  compensation;  or  when  the  employment 
is  terminated  by  death,  resignation,  removal,  or  by  furlough  at  the 
instance  of  the  Service,  the  pay  shall  be  the  number  of  days  actually 
employed  times  one-thirtieth  of  the  monthly  compensation.  This 
does  not  apply,  however,  where  such  termination  occurs  on  the 
31st  day  of  a  calendar  month. 

(e)  If  a  promotion  or  demotion  occurs  during  any  one  month 
from  one  position  to  another  carrying  a  different  compensation, 
services  under  such  promotion  or  demotion  will  be  considered  as 
fractional  service. 

(f)  Persons  employed  on  a  daily  or  hourly  basis  receive  com- 
pensation for  the  actual  number  of  days  and  hours,  or  fraction 
thereof,  worked,  at  the  rate  of  pay  at  which  they  are  employed. 
Eight  hours  constitute  a  day's  work  and  in  computing  amounts  due 
for  fractional  parts  of  a  day  this  fact  must  be  considered.     See 
act  of  August  1,  1902  (27  Stat,  340),  p.  526. 

Methods  of  computing  amounts  due  for  personal  services  are 
illustrated  in  the  following  tables.  Show  details  of  time  of  em- 
ployees on  an  annual  or  monthly  rate  by  inclusive  dates.  No  ex- 
ceptions need  be  shown  nor  other  dates  given  unless  different  rates 
of  pay  are  involved  within  the  period  stated,  in  which  event  the 
specific  dates  worked  at  different  rates  of  pay  must  be  stated.  When 
service  for  the  balance  of  tYie  month  is  to  be  paid  on  subsequent 
voucher,  a  statement  to  that  effect  should  be  made.  When  the 
employment  is  terminated,  that  fact  should  be  indicated  by  a  "T" 
following  the  last  date  of  employment. 

28-day  month,  details,  1st  to  28th,  total 30/30ths 

28-day  month,  details,  2d  to  25th,  except  10th  and  llth, 

total 24/30ths 

28-day  month,  details,  2d  to  25th,  "T,"  except  10th  and 

llth,  total 22/30ths 

29-day  month,  details,  1st  to  29th,  total 30/30ths 

29-day  month,  details,  2d  to  25th,  except  10th  and  llth, 

total 23/30ths 

29-day  month,  details,  2d  to  25th,  "T"  except  10th  and 

llth,  total 22/30ths 

30-day  month,  details,  1st  to  30th,  total 30/30ths 

30-day  month,  details,  2d  to  25th,  except  10th  and  llth, 

total   .  22/30ths 


448  RECLAMATION  SERVICE  MANUAL. 

30-day  month,  details,  2d  to  25th,  "T,"  except  10th  and 

llth,  total 22/30ths 

31-day  month,  details,  1st  to  31st,  total 30/30ths 

31-day  month,  details,  2d  to  25th,  except  10th  and  llth, 

total    .' 21/30ths 

31-day  month,  details,  2d  to  25th,  "T,"  except  10th  and 

llth,  total 22/30ths 

The  exceptions  shown  above  are  not  to  be  put  upon  vouchers,  but 
are  shown  merely  that  the  several  methods  of  computation  may  be 
pointed  out. 

Show  details  of  time  of  employees  on  a  daily  rate  by  inclusive 
dates.  No  exceptions  need  be  shown  nor  other  dates  given  unless 
overtime  occurs  or  different  rates  of  pay  are  involved  within  the 
period  stated,  in  which  event  the  specific  dates  upon  which  the  over- 
time occurred  must  be  shown  as  well  as  the  amount  of  overtime 
worked  on  each  date;  specific  dates  worked  at  different  rates  of  pay 
must  be  stated. 

1st  to  31st,  or  inclusive  dates  of  service :  time  worked,  days,  20%  \ 
rate,  $2.00  per  day — $41.50. 

Show  details  of  time  of  employees  on  an  hourly  rate  by  inclusive 
dates.  No  exceptions  need  be  shown  nor  other  dates  given  unless 
overtime  occurs  or  different  rates  of  pay  are  involved  within  the 
period  stated,  in  which  event  the  specific  dates  upon  which  the  over- 
time occurred  must  be  shown  as  well  as  the  amount  of  overtime 
worked  on  each  date ;  specific  dates  worked  at  different  rates  of  pay 
must  be  stated. 

1st  to  31st,  or  inclusive  dates  of  service:  time  worked,  hours,  166; 
rate,  $.25  per  hour — $41.50. 

29.  Computing  amounts  due  for  miscellaneous  services. — If 
the  miscellaneous  service,  rents,  storage,  horse  hire,  etc.,  is  based 
on  an  annual  rate  of  compensation,  one-twelfth  of  the  annual  rate 
shall  be  the  pay  for  each  calendar  month,  and  when  based  on  a 
monthly  rate,  said  monthly  rate  shall  be  the  amount  due.  In  com- 
puting amounts  due  for  fractional  parts  of  a  month  the  daily  rate 
is  determined  by  dividing  one-twelfth  of  the  annual  rate,  or  the 
monthly  rate  by  the  number  of  days  in  the  month.  The  following 
table  indicates  methods  of  computing  amounts  due  for  miscella- 
neous services : 

Computing  Amounts  Due  for  Miscellaneous  Sennces. 
28-day  month,  details,  1st  to  28th,  one  month $50.00 


VOUCHERS,    PREPARATION    AND    PA*YMENT   OF.  449 

28-day  month,  details,  1st  to  15th,  15/28ths 26.79 

28-day  month,  details,  16th  to  28th,  13/28ths 23.21 

29-day  month,  details,  1st  to  29th,  one  month 50.00 

29-day  month,  details,  1st  to  15th,  15/29ths 25.86 

29-day  month,  details,  16th  to  29th,  14/29ths 24^14 

30-day  month,  details,  1st  to  30th,  one  month 50.00 

30-day  month,  details,  1st  to  15th,  15/30ths 25.00 

30-day  month,  details,  16th  to  30th,  15/30ths 25.00 

31-day  month,  details,  1st  to  31st,  one  month 50.00 

31-day  month,  details,  1st  to  15th,  15/31st 24.19 

31-day  month,  details,  16th  to  31st,  16/31sts -. 25.81 

30.  Retained  copies  of  vouchers. — Special  fiscal  agents  should 
not  keep  copies  of  vouchers  paid,  but  should  have  access  to  the 
project  memorandum  copies  to  answer  questions  raised  by  the  Di- 
rector or  the  Auditor. 

31.  Mutilated  vouchers. — All  mutilated  or  changed  vouchers 
should  contain  statements  over  the  signature  of  the  claimant  that 
such  changes  or  erasures  were  made  before  signing. 

32.  Number  of  vouchers  to  be  made. 

(a)  Disbursement  vouchers: 

1  original  to  be  certified  by  claimant  and  filed  with  the  Auditor 
for  the  Interior  Department  to  support  special  fiscal  agent's  ac- 
count current. 

1  Memorandum  copy  for  each  project  office  chargeable. 

1  memorandum  copy  for  Director's  office. 

(b)  Collection  vouchers: 

1  original  to  be  filed  with  the  Auditor  for  the  Interior  Depart- 
ment to  support  special  fiscal  agent's  account  current. 

1  original  to  be  sent  to  the  debtor  as  a  notice  of  amount  to  be 
paid  and  to  be  receipted  by  the  special  fiscal  agent  upon  collection 
being  made. 

2  Memorandum  copies,  one  for  the  project  and  one  for  the  Di- 
rector's office. 

(c)  Transfer  vouchers: 

3  copies,  one  for  the  Director's  office,  and  one  each  for  the  re- 
ceiving and  issuing  projects. 

33.  Freight  or  express  charges,  payment  of. — These  charges 
will  not  usually  be  paid  by  special  fiscal  agents  but  should  be  settled 
by  the  issue  of  bills  of  lading  and  settlement  made  by  the  Auditor 
after  administrative  examination    by  the    Transportation    office. 


450  RECLAMATION  SERVICE  MANUAL. 

Where  freight  is  prepaid  by  shipper  and  included  in  his  bill,  or 
when  employees  claim  reimbursement  for  such  expenditures  in  ex- 
pense accounts,  the  original  paid  expense  bill  issued  by  the  trans- 
portation company  should  be  attached  to  the  voucher.  Explana- 
tion should  also  appear  showing  the  necessity  for  such  deviation 
from  the  usual  practice  of  using  bills  of  lading.  If  the  expense 
bill  cannot  be  furnished  reason  should  be  given  and  information 
should  be  supplied  as  to  date  of  shipment,  originating  point,  desti- 
nation, kind  of  property,  weight,  date  and  routing. 

34.  Supplies,  vouchers  for  purchase  of. — In  vouchers  for  the 
purchase  of  supplies,  each  item  of  purchase  should  show  the  num- 
ber of  units,  kind  of  unit,  and  the  price  or  rate  per  unit,  as  well  as 
the  total  cost,  in  order  that  a  satisfactory  and  intelligent  examina- 
tion of  such  vouchers  can  be  made.     Where  items  appear  on  vouch- 
ers the  propriety  of  which  would  be  open  to  question  as  to  their 
being  a  proper  charge  against  the  United  States,  affirmative  state-^ 
ment  should  appear  explanatory  of  such  items.     Examples  of  this 
class  are  articles  of  personal  wearing  apparel,  articles  for  the  per- 
sonal comfort  of  the  employee,  repairs  to  equipment  similar  to  that 
in  use  by  contractors  on  the  work,  etc. 

35.  Telephone   tolls,   information   on  vouchers   covering. — 
Vouchers  for  telephone  toll  calls  should  name  the  places  between 
which  the  conversations  were  held  and  the  names  of  the  parties  con- 
versing, with  statement  as  to  rate,  minimum  and  additional,  together 
with  an  affirmative  statement  that  such  toll  calls  were  necessary  on 
account  of  official  business. 

36.  Unit  prices,  where  different  for  different  dimensions. — 
Where  lumber,  or  other  material,  is  purchased  under  advertisement 
and  the  proposal  gives  different  prices  per  unit  according  to  dimen- 
sions, or  otherwise,  it  is  necessary  that  the  vouchers  representing 
payment  should  properly  identify  the  items  purchased  with  those  bid. 

VOUCHERS  AND  CLAIMS,  CERTIFICATION  AND 
APPROVAL  OF. 

Approval  by  Supervising  Engineer,  par.  3. 
Changes,  par.  5. 

Distinction  between  certification  and  approval,  par.  1. 
Payment  not  to  be  made  before  certification,  par.  6. 
Reimbursement  vouchers,  par.  7. 


VOUCHERS   AND   CLAIMS.  451 

Vouchers  not  to  be  certified  or  approved  by  special  fiscal  agents, 

par.  4. 
Who  may  certify,  par.  2. 

(See  VOUCHERS,  PREPARATION  AND  PAYMENT  OF.) 

1.  Distinction  between  certification  and  approval. — Certifica- 
tion is  the  statement  of  an  administrative  officer,  over  his  signature, 
that  (a)  services  in  a  given  amount  have  been  performed  at  stated 
rates  for  official  purposes,  and  a  definite  amount  is  due  therefor, 
not  having  previously  been  paid;  or  (b)  articles  in  stated  quantities 
have  been  received  at  stated  rates,  and  were  authorized,  necessary, 
and  secured  in  accordance  with  law  and  for  official  use  or  mercan- 
tile stores,  and  that  a  definite  amount  is  due  therefor,  not  having 
previously  been  paid.  Approval  is  the  statement  of  an  administra- 
tive officer,  over  his  signature,  that  the  action  of  a  subordinate  is 
approved.  Such  superior  officer  need  not  necessarily  have  personal 
knowledge  of  the  matter  covered  by  the  voucher  or  claim,  but  his 
approval  is  given  because  of  his  confidence  in  the  certifying  officer 
and  his  reliance  upon  the  system  whereby  the  accuracy  of  the  cer- 
tificate is  assured.  Only  one  certification  is  necessary  unless  one 
officer  certifies  to  certain  facts  connected  with  the  account  and  an- 
other officer  to  others.  There  may  be  any  number  of  approvals, 
however,  depending  upon  the  size  of  the  organization,  and  the  num- 
ber of  officers  through  whom  the  matter  goes  from  the  certifying 
officer  to  the  highest  approving  officer.  It  is  desirable,  however, 
to  concentrate  responsibility  and  to  limit  the  number  of  approvals 
and  the  amount  of  routine  record  work. 

2.  Who  may  certify. — Every  voucher  or  claim  must  be  cer- 
tified by  some  one  having  complete  knowledge  of  the  facts.  Such 
person  may  rely  upon  the  initials  of  his  subordinates  at  the  left  of 
the  certification,  indicating  that  the  details  of  the  account  have  been 
examined  by  them ;  it  should  never,  however,  even  for  the  services 
of  a  single  individual,  be  sent  to  some  superior  officer  at  a  distant 
point  without  certification,  because,  while  the  superior  may  be  will- 
ing to  approve  the  certificate  of  his  subordinate,  he  can  not  of  him- 
self certify  as  to  the  performance  of  the  service.  Certification 
should  therefore  be  by  the  officer  of  highest  rank  who  has  personal 
and  immediate  knowledge  of  the  subject  matter  of  the  voucher  or 
claim,  either  through  having  personally  handled  the  transaction,  or 
by  having  in  his  possession  the  record  of  its  having  been  handled 


452  RECLAMATION  SERVICE  MANUAL. 

by  others.  Accordingly  service  may  properly  be  certified  to  by  the 
office  manager  or  chief  clerk,  if  all  of  the  original  service  records, 
such  as  time  books,  memoranda  of  time  accounts,  and  records  of 
charges  against  employees,  are  uniformly  sent  to  his  office  and  filed 
under  his  control.  All  time  sheets  should  be  O.  K.'d  by  the  fore- 
man or  engineer  immediately  in  charge  of  the  field  work.  Pur- 
chase vouchers  may  properly  be  certified  by  the  same  officers  or  by 
the  purchasing  agent  if  the  record  of  the  order  for  and  the  receipt 
of  the  articles  is  finally  filed  with  him.  Invoices  for  goods  re- 
ceived should  £>e  O.  K.'d  by  the  receiving  officer. 

6.  Approval  by  supervising  engineer. — When  supervising 
and  project  officers  have  designated  certain  men  to  certify  to 
vouchers  or  claims,  and  are  satisfied  with  the  method  by  which 
they  insure  the  propriety  of  such  certifications,  they  will  probably 
be  willing  thereafter  to  give  their  approval  to  such  accounts.  Be- 
fore transmittal  to  the  Director,  vouchers  and  claims  should  be  ap- 
proved by  or  on  behalf  of  the  supervising  engineer;  in  the  latter 
case  the  approval  being  by  some  person  designated  by  him  as  acting 
supervising  engineer.  Authority  for  such  "designation  must  be  on 
file  in  the  Director's  office.  The  Director  will  not  approve  requisi- 
tions for  the  advance  of  funds  on  vouchers  which  are  not  properly 
certified  and  approved  until  such  approval  or  certification  is  ob- 
tained by  wire  or  mail.  Should  he  designate  the  project  manager 
in  this  way  it  will  make  unnecessary  the  project  engineer's  approval 
intermediate  between  the  certification  and  the  approval  of  the  su- 
pervising engineer. 

4.  Vouchers  not  to  be  certified  or  approved  by  special  fiscal 
agents. — Special  fiscal  agents  should  not  certify  or    approve 
vouchers  which  they  pay,  nor  should  they  submit  certificates  signed 
by  themselves  in  explanation  of  apparent  incorrect  statement  of 
vouchers.     Such  certificates  should  be  certified  and  approved  in  the 
manner  outlined  in  paragraphs  2  and  3  hereof. 

5.  Changes. — The  certifying  and  approving    officer    should 
not  change  in  any  particular  by  erasure  or  otherwise  the  wording 
of  the  printed  certificate  on  the  vouchers.     The  only  exception  to 
this  may  be  the  changing  of  the  certificate  on  a  traveling  expense 
account  to  conform  to  the  travel  order,  or  in    case  of    disability 
claims,  where  the  following  certificate  should  be  substituted  for  the 
usual  certificate  of  service: 


VOUCHERS  AND  CLAIMS.  453 

Approved  in  accordance  with  order  of  Secretary  of  Labor 

dated ,  under  Act  of  May  30,  1908, 

in  pursuance  of  certificate  of  disability  hereto  attached. 

In  case  payments  are  made  for  Sundays  and  legal  holidays,  the 
following  should  be  added  to  the  certificate : 

Other  employees  of  the  same  class  and  employed  at  the 
same  place  were  required  to  and  did  work  on  Sundays  and 
legal  holidays. 

(See  INJURIES,  COMPENSATION  FOR.) 

6.  Payment  not  to  be  made    before    certification. — Special 
fiscal  agents  will  not  pay  vouchers  or  payrolls  until  they  are  prop- 
erly certified  by  a  person  having  personal  knowledge  of  the  trans- 
action, and  who  is  duly  authorized  to  incur  the  expenditure.    Time 
checks    for  personal  services  paid  on  presentation  and  listed  on  an 
open  payroll,  should  be  checked  against  the  personnel  cards  and 
initialed  by  the  payroll  clerk  prior  to  payment.     Payment  of  vouch- 
ers or  payrolls  should  not  be  made  without  approval  by  the  super- 
vising engineer,  or  some  person  duly  authorized  in  writing  by  the 
supervising  engineer  to  approve  for  him,  unless  the  special  fiscal 
agent  holds  a  letter  from  the  supervising  engineer  authorizing  him 
to  accept  certification  or  approval  by  stated  persons,  and  agreeing 
to  give  subsequent  approval  to  such  vouchers,  or  to  protect  the  spec- 
ial fiscal  agent  in  the  payments  made. 

7.  Reimbursement  vouchers. — Reimbursement  vouchers    of 
supervising  engineers,  employees  of  detached  offices,  Chief  Elec- 
trical Engineer's  office,  Los  Angeles,  Cal.,  Cement  Expert's  office, 
Denver,  Colo.,  Transportation  Office,  Chicago,  111.,  and  employees 
of  the  Director's  office  may  be  paid  by  special  fiscal  agents  upon 
presentation  without  approval  if  the  employee  holds  a  travel  or- 
der authorizing  the  travel  covered  by  the  reimbursement  voucher. 
Such  vouchers  will  receive  approval  in  the  Director's  office. 

VOUCHERS   AND    CLAIMS,  MEMORANDUM   COPIES 

OF. 

For  accounts  chargeable  in  whole  to  the  projects  where  vouchers 
are  prepared  there  should  be  made  one  memorandum  copy  for  the 


454  RECLAMATION  SERVICE  MANUAL. 

project  office  and  one  for  the  Director's  office.  For  accounts 
chargeable  in  whole  or  in  part  to  other  projects  than  the  one  where 
the  voucher  is  made  there  should  be  sent  to  the  Director's  office  one 
memorandum  for  the  bookkeeping  records  at  that  point,  and  one 
each  for  all  of  the  projects  affected  to  be  used  in  the  Director's 
office  as  debit  notices  to  such  projects. 

WATER,  APPROPRIATION  OF. 

(See  also  RIGHTS  OF  WAY,  APPLICATIONS  FOR). 

1.  Filings. — Before   the   filing  of  the   first   notice   of  appro- 
priation of  water  in  any  State  the  matter  of  the  advisability  of  mak- 
ing such  filing  should  be  submitted  to  the  Director.     Authority  to 
act  in  the  name  of  the  Secretary  of  the  Interior  can  be  obtained  by 
applying  to  the  Director  who  is  empowered  by  the  Secretary  of  the 
Interior  to  designate  suitable  persons  to  act  in  his  behalf.     When 
the  notice  has  been  prepared  copy  should  be  promptly  sent  to  the 
Director  and  a  copy  should  also  be  submitted  to  the  United  States 
district  attorney,  calling  his  attention  to  the  instructions  of  the 
Attorney-General,  dated  September  14,  1903,  providing  for  giving 
advice  to  the  engineers  of  the  Service  concerning  the  preparation  of 
such  notices,  and  requesting  any  suggestions  which  he  may  have  to 
offer  in  regard  to  the  form  submitted.    The  original  notice,  with 
evidence  that  it  has  been  recorded  in  the  proper  State  or  Territorial 
office,  should  be  promptly  forwarded- to  the  Director. 

2.  Navigable  streams. — Congress  has  control  over  navigable 
streams  and  the  waters  thereof,  and  no  claim  based  on  appropria- 
tion of  such  waters  for  irrigation  purposes  made  without  the  sanc- 
tion of  Congress  should  be  recognized  by  the  Secretary  as  valid. 
(February  6,  1905,  33  L.  D.,  391.) 

WATER,  DELIVERY  OF. 

The  Secretary  of  the  Interior  may,  by  rules  and  regulations,  con- 
trol the  delivery  of  water  furnished  in  pursuance  of  contract  or 
water-right  application,  and  may  regulate  individual  headgates  or 
withhold  the  waters  in  order  to  enforce  such  rules  or  regulations. 
The  amount  of  water  to  be  furnished  per  annum  per  acre  of  irri- 
gable land  will  be  fixed  by  the  Secretary  of  the  Interior  for  each 
project,  and  will  depend  upon  varying  local  conditions.  (37  L.  D., 
468.) 


WATER  RIGHTS.  455 

WATER,  DISPOSAL  OF,  UNDER  ACT  OF  FEBRUARY 
21,  1911  (36  STAT.,  925). 

Water  from  Government  reservoirs  built  for  the  irrigation  of 
arid  lands  under  the  Reclamation  Act,  where  any  surplus  is  avail- 
able will,  as  a  general  rule,  be  used  to  supplement  the  supply  for 
lands  already  under  irrigation,  which  supply  must  otherwise  remain 
deficient,  rather  than  used  to  enlarge  the  area  of  the  Government 
project  by  bringing  into  it  lands  as  yet  not  irrigated.  This  general 
principle  is  not  to  prevail  over  local  conditions  and  circumstances 
which  may  make  the  opposite  course  seem  wiser  in  any  particular 
case,  nor  to  be  so  applied  as  to  encourage  or  permit  the  non-Gov- 
ernment projects  requesting  the  use  of  water  from  Government 
reservoirs  to  extend  their  own  areas  in  such  manner  as  may 
threaten  a  new  deficiency  in  their  supply.  Such  non-Government 
projects  should  contribute  to  the  cost  of  storage  and  delivery  upon 
an  equitable  basis.  (Secretary,  November  6,  1911.)  The  Secre- 
tary subsequently  directed  that  each  case  be  given  separate  consider- 
ation upon  its  merits. 

WATER,  RENTAL  OF. 

Prior  to  the  formal  opening  of  a  project  or  unit  thereof  by  pub- 
lic notice  under  the  provisions  of  the  Reclamation  Act,  such  waters 
as  may  be  available  may  be  furnished  on  a  temporary  rental  basis 
after  specific  authority  has  been  obtained  therefor.  Suitable  forms 
of  rental  agreements  may  be  obtained  upon  application  to  the  Di- 
rector. 

WATER  RIGHTS. 

Application  by  desert-land  entrymen,  par.  6. 

Area  on  which  payment  must  be  made,  par.  13. 

Carey  Act  lands,  furnishing  water  to,  par.  9. 

Circular  of  February  6,  1913,  par.  1. 

Definition  of  lands  in  private  ownership,  par.  2. 

Furnishing  water  to  lands  on  which  building  charges  are  in  arrears, 

par.  11. 

Joint  owners,  furnishing  water  to,  par.  4. 
Priorities  to  be  ascertained,  par.  15. 
Private  lands  for  which  application  may  be  made,  par.  3. 


4:56  RECLAMATION  SERVICE  MANUAL. 

Quantity  of  water  to  be  furnished,  par.  7. 

Requirements  as  to  residence  by  private  land  owners,  par.  14. 

School  grounds,  furnishing  water  to,  par.  10. 

State  government,  agencies  of,  par.  8. 

State  lands,  purchase  of,  par.  5. 

Subdivision  of  private  lands  into  small,  irregular  agricultural  or 

horticultural  lots,  par.  16. 
Water-right  certificate,  effect  of  issuance,  par.  12. 

(See  also  WATER  RIGHTS,  CHARGES  AND  RECORDS  FOR;  WATER, 
APPROPRIATION  OE;  WATER  DELIVERY  OE;  WATER,  DISPOSAL  OE 
UNDER  ACT  OE  FEBRUARY  21, 1911 ;  WATER,  RENTAL  OE). 

1.  Circular  of  February  6,  1913. — For  laws  and  regulations 
relating  to  entries,   water-right  applications,  cancellation,   credits, 
residence,  widows  and  heirs  of  entrymen,  soldiers  and  sailors,  con- 
tests, vested  rights,  payments,  forfeitures,  etc.,  see  General  Recla- 
mation Circular  approved  February  6,  1913,  as  amended  to  date. 

2.  Definition  of  land  in  private  ownership. — The  term  "land 
in  private  ownership"  includes  all  land  which  was  patented  at  the 
date  of  withdrawal  under  the  Reclamation  Act  or  which  was  then 
covered  by  entry  not  afterwards  cancelled.     For  this  purpose  desert 
land  entry  may  be  classed  as  land  in  private  ownership,  and  a  home- 
stead entry  made  prior  to  the  reclamation  withdrawal  will  be  classed 
similarly.     The  applicant  is  required  to  state  accurately  upon  the 
proper  form  the  nature  of  his  interest  in  the  land,  and  this  must 
be  such  that  it  can  ripen  into  a  perfect  title  at  or  before  the  time 
when  the  last  instalment  of  the  water  charge  is  due. 

3.  Private  lands  for  which  application  may  be  made. — Hav- 
ing the  necessary  qualifications  as  to  ownership  and  residence  an 
applicant  may  make  water-right  application  regardless  of  whether 
he  holds  or  has  held  other  water  rights  under  the  Reclamation  Act, 
provided  that  the  total  area  of  land  so  held  plus  the  area  applied 
for  does  not  exceed  the  maximum  area  fixed  for  private  land  hold- 
ings under  the  project,  nor  in  any  event  160  acres.     The  land- 
owner may  be  the  purchaser  of  the  right  to  the  use  of  the  water 
for  separate  tracts  at  the  same  time,   provided  he  can  properly 
qualify  and  that  the  tracts  involved  do  not  exceed  160  acres  in  the 
aggregate.      (Secy,  to  Wm.  B.-Bridgman,  Sunnyside,  Wash.,  Nov. 
20,  '09.) 


WATER  RIGHTS.  457 

4.  Joint  owners,  furnishing  water  to. — Where  a  tract  of  land 
under  a  reclamation  project  is  owned  by  two  or  more  persons, 
jointly  owners,  unless  each  is  a  resident  or  an  occupant  of  the  land 
as  provided  in  Section  5  of  the  Reclamation  Act,  no  right  to  the 
use  of  water  to  irrigate  the  same    can  be    acquired    thereunder. 
(Secretary,  in  letter  to  Director  of  the  Reclamation  Service,  Jan-  ^ 
uary  12,  1910.) 

5.  State   lands,  purchasers   of. — Purchasers    of   State    lands 
having  contracts  in  good  standing — that  is,  not  in  default — will  be 
permitted  to  subscribe  for  and  purchase  water-rights  therefor  sub- 
ject to  the  limit  of  area  prescribed  and  the  purchaser  must  comply 
with  the  requirements  of  residence,  cultivation  and  payments. 

6.  Application   by  desert-land   entryman. — The    water-right 
application  of  a  desert-land  entryman  under  the  act  of  June  27, 
1906  (34  Stat,  520),  may  be  forfeited  upon  his  failure  to  make 
the  payments  as  they  become  due. 

7.  Quantity  of  water  to  be  furnished. — The  quantitive  meas- 
ure of  the  water  right  sold  is  that  quantity  of  water  which  shall 
be  beneficially  used  for  the  irrigation  of  the  irrigable  lands  up  to, 
but  not  exceeding  the  number  of  acre-feet  per  acre  per  annum, 
measured  at  the  land,  as  stated  in  the  water-right  application ;  and 
in  no  case  exceeding  the  share,  proportionate  to  irrigable  acreage, 
of  the  water  supply  actually  available  as  determined  by  the  project 
manager  or  other  proper  officer  of  the  United  States,  or  of  its  suc- 
cessors in  the  control  of  the  project,  during  the  irrigation  season 
for  the  irrigation  of  lands  under  the  particular    unit.     Provided, 
however,  that  if  measuring  devices  are  not  installed  at  the  land,  an 
allowance  deemed  reasonable  by  the  Reclamation  Service  official 
in  charge  of  the  project  shall  be  made  for  losses  of  water  after  pass- 
ing the  point  of    measurement.     The   expression   "measured    at 
the  land,"  occurring  in  the  second  paragraph  of  the  form  of  water- 
right  application,  does  not  mean  that  the  water  will  actually  be 
measured  at  the  land  of  the  applicant  for  water  right,  but  that  the 
amount  of  water  stated  is  to  be  delivered  at  the  land  under  the 
conditions  of  the  water-right  application.     If  the  water  is  meas- 
ured elsewhere  than  at  the  land,  due  allowance  will  be  made  for 
seepage  and  evaporation,  so  that  the  quantity  stated  will  be  avail- 
able at  the  land  under  the  conditions  set  out  in  the  water-right  ap- 
plication.     (Secretary,  February  17,  1908.) 

8.  State  government,  agencies  of. — Agencies    of    the    State" 


458  RECLAMATION  SERVICE  MANUAL. 

government  are  entitled  to  become  takers  of  water  under  a  recla- 
mation project  upon  equitable  contribution  to  the  cost  of  the  pro- 
ject for  the  land's  benefit.  (Secretary,  May  12,  1909.) 

9.  Carey  Act  lands,  furnishing    water  to. — Lands    required 
under  the  provisions  thereof  may  be  furnished  with  an  additional 
supply  of  water  from  reclamation  projects.      (October  11,  1906, 
35  L.  D.,  222.) 

10.  School    grounds,  furnishing  water  to. — It  has  been  de- 
cided that  water  may  be  furnished  free  of  charge  to  public 
school  grounds  within  reclamation  projects.      (Secretary,  Jan- 
uary 4,  1912.) 

11.  Furnishing  water  to  lands  on  which  building  charges  are 
in  arrears. — The  question  having  arisen  whether  water  should 
be  furnished  in  the  irrigation  season  of  1909  for  lands  on  which 
no  part  of  the  building  charges  had  been  paid,  the  said  charges 
having  become  due  under  the  terms  of  the  public  notice  on  Decem- 
ber 1,  1907,  and  December  1,  1908,  but  on  which  all  operation  and 
maintenance  charges  then  due  had  been  paid,  the  entries  and  water- 
right  applications  meanwhile  having  been  held  for  cancellation,  but 
the  proceedings  therefor  not  having  been  concluded,  it  was  ruled 
by  the  Department  that  the  entryman  should  be  permitted  to  pay 
the  operation  and  maintenance  charges  and  that  water  should  be 
furnished  until  cancellation ;  upon  cancellation  the  water    supply 
shall  be  cut  off  and  all  payments  theretofore  made  shall    be  for- 
feited,  including  all  operation  and  maintenance  charges  already 
paid  even  though  such  charges  apply  to  the  current  irrigation  sea- 
son.    In  cases  where  notices  of  unpaid  charges  issued  by  the  regis- 
ter and  receiver  elicit  no  response  from  the  entrymen  of  water-right 
applicants,  the  entries  and  applications  shall  be  held  for  cancellation. 
(Department  ruling  of  February  9,  1909.) 

12.  Water-right  certificate,  effect  of  issuance  of. — Upon  the 
issuance  of  a  certificate  of  water-right  application  the  right  evi- 
denced thereby  becomes  appurtenant  to  the  land,  subject  to  for- 
feiture for  failure  to  pay  the  annual  installments  at  the  time  and  in 
the  manner  prescribed  by  law  and  the  regulations.     A  subsequent 
purchaser  of  the  land  succeeds  to  the  rights  and  status  of  the  orig- 
inal owner,  subject  to  the  same  charges  and  conditions.      (First 
Assistant  Secretary,  March  20,  1911,  39  L.  D.,  580.) 

"n.3.  Area  on  which  payment  must  be  made. — An  applicant  for 
water  rights  under  a  reclamation  project  is  required  to  pay  for 


WATER  RIGHTS.  459 

' 

water  for  the  entire  irrigable  area  of  his  entry  as  shown  on  the  plat, 
arid  where  mistake  in  the  plat  is  alleged  as  to  the  irrigable  area  of 
the  entry,  application  for  correction  thereof  should  be  made  to  the 
local  officer  of  the  Reclamation  Service.  (First  Assistant  Secre- 
tary, June  4,  1910,  39  L.  D.,  2.)  (See  also  FARM  UNIT  . PLATS, 
PAR.  14.) 

14.  Requirements  as  to  residence  by  private  land  owners. — 
Under  the  provisions  of  the  Act  of  August  9,  1912  (37  Stat,  265),  • 
the  owner  of  private  lands  within  the  limits  of  a  Reclamation  Pro- 
ject, who  has  made  application  for  water,  must  reside  upon  the  land 
or  in  the  neighborhood  until  he  shall  have  cultivated  and  reclaimed 
the  land  to  the  extent  required  by  the  Reclamation  Act,  made  pay- 
ment of  all  charges  then  due,  and  received  the  final  water-right  cer- 
tificate authorized  to  be  issued  by  the  said  act.     After  the  issuance 
of  such  a  final  water-right  certificate  the  land  owner  or  his  qual- 
ified assignees  are  not  required  to  reside  upon  the  land  or  in  the 
neighborhood  but  must  continue  payment  of  building  and  better- 
ment charges  until  full  and  final  payment  of  all  amounts  due  on 
that  account  has  been  made,  whereupon  the  land  will  be  relieved  of 
the  lien  provided  for  in  Section  2  of  the  said  Act,  except  insofar  as 
it  shall  relate  to  the  annual  charges  for  operation  and  maintenance. 
Under  the  provisions  of  Section  3  of  the  said  Act  neither  a  pri- 
vate land  owner  nor  his  assignee  may  hold  and  receive  water  .for 
land  in  excess  of  the  limit  of  single  ownership  for  which  a  water 
right  may  be  purchased,  in  no  case  exceeding  160  acres,  before  full 
payment  of  all  instalments  of  building  and  betterment    charges. 
(Secretary,  Sept.  14  and  Oct.  18,  1912,  to  Prof.  M.  V.  O'Shea.) 

15.  Priorities    to    be    ascertained. — Before  undertaking  any 
project  it  is  necessary  that  the  amount  arid  priorities  of  all  vested 
water  rights  in  the  watershed  of  the  proposed  project  be  definitely 
determined  and  the  rights  of  all  parties  fixed  in  order  that  the  avail- 
able supply  for  storage  and  diversion  under  the  Government  sys- 
tem may  be  correctly  ascertained.     This  may  be  done  by  a  limiting 
agreement  wherein  all  of  the  vested  water  right  owners  agree  upon 
their  respective  rights  or  by  an  adjudication  of  all  rights  upon  the 
various  streams  involved  or  by  a  combination  of  the  two. 

16.  Subdivision  of  private  lands  into  small,  irregular  agri- 
cultural or  horticultural  lots. — Where  private    lands  are  sub- 
divided into  relatively  small,  irregular  tracts   for  agricultural  or 
horticultural  purposes,  water-right  applications  should  not  be  ac- 


4:60  RECLAMATION  SERVICE  MANUAL. 

cepted  for  lands  described  as  such  lots  until  a  plat  showing  the 
lands  so  subdivided  and  with  appropriate  lot  numbers,  has  been 
duly  recorded  in  the  proper  office  of  the  county  in  which  the  land  is 
situated  and  a  copy  filed  in  the  office  of  the  project  manager.  This 
does  not  refer  to  lots  subdivided  into  such  form  and  area  as  to  in- 
dicate a  use  thereof  for  town  site  rather  than  for  agricultural  or 
horticultural  purposes.  In  the  latter  case  the  instructions  set  forth 
in  General  Land  Office  and  Reclamation  Service  Circular  approved 
February  6,  1913,  shall  be  followed. 

WATER  RIGHTS,  CHARGES  AND  RECORDS  FOR. 

Accruals,  entry  of  on  water  users'  accounts,  par.  8. 

Classification,  par.  1. 

Collections,  when  entered,  par.  9. 

Forfeitures,  accounting  for,  par.  10. 

Form  used  for  recording,  par.  3. 

Opening  water  users'  accounts,  par.  7. 

Receipts  for  and  reports  of  collections,  par.  11. 

Record  of  lands,  par.  5. 

Records  of  water-rights,  par.  4. 

Reports  of  lands,  par.  12. 

Water  right  charges,  par.  2. 

Water  users'  ledger,  par.  6. 

1.  Classification. — Water  rights  under  Service  projects  are 
of  five  classes,  viz : 

(a)  Vested  rights  served  through  the  system  of  and  un- 
der contract  with  the  Reclamation  Service; 

(b)  Vested  rights  sufficient  for  partial  irrigation,  served 
through  the  Service  systems  with  additional  water  supplied 
under  contract  with  the  Service; 

(c)  Vested  rights  sufficient  for  partial  irrigation  served 
through  the  Service  systems  and  additional  water  supplied 
under  water-right  application ; 

(d)  New  rights  initiated  by  acceptance  of  water-right 
application ; 

(e)  New  rights  for  townsites  or  for  power  secured  by 
contract  with  the  Service. 

Temporary  water  rental  agreements  are  not  covered  by  these  in- 
structions. For  every  water  right  served  through  the  Service  sys- 
tems the  project  records  should  show  the  name  of  the  owner  or 


WATER   RIGHTS,    CHARGES   AND   RECORDS    FOR.  461 

applicant,  the  form,  number,  date  and  terms  of  the  water-right 
agreement ;  the  description  of  the  lands  to  which  it  is  attached :  and 
accounts  for  the  water-right  charges  thereon. 

2.  Water-right  charges. — All  water-right  charges  are  divided 
into  annual  instalments  which  should  be  designated  in  the    book- 
keeping records  and  reports  by  the  calendar  year  in  which  they  ac- 
crue or  become  due,  as  "due  in  1907,"  etc.,  not  for  1907,  and  should 
not  be  designated  as  first  instalment,  second  instalment,  etc.     Each 
instalment  of  water-right  charges  is  divided    into  two  portions, 
viz:  the  portions  for  the  building  charge,  which  is  a  fixed  and 
usually  a  flat  charge  per  acre  of  irrigable  land  per  annum  (except 
in  the  cases  of  vested  rights  served  under  contract,  where  they  may 
be  smaller  or  no  building  charges)  ;  and  the  portion  for  operation 
and  maintenance,  which  may  be  a  flat  charge  per  acre  fixed  an- 
nually, oj-  a  fixed  charge  per  acre  per  annum  plus  a  graded  charge 
fixed  in  proportion  to  the  quantity  of  water  furnished.     The  ma- 
turity and  amount  of  each  portion  of  the  several  instalments  of 
water-right  charges  is  fixed  by  (a),  public  notices,  farm  unit  plats 
and  water-right  applications;  or    (b),    Service    contracts.     Care 
should  be  taken  to  distinguish  between  the  dates  when  the  portions 
of  the  several  annual  instalments  accrue  or  become  due,  and  the 
subsequent  dates  when  such  accrued  charges  must  be  paid. 

3.  Form  used  for  recording. — The  project  records  "Tor  show- 
ing water  rights  and  water-right  charges  recorded  in  the  local  land 
offices  will  be  in  three  forms,  viz:  (a)  record  of  water  rights,  on 
water  users'  journal  (Form  7-863)  ;  (b)  record  of  lands,  on  cards, 
Form  7-858,  prepared  from  the  farm  unit  records  and  record  of 
water-right  sheets;   (c)   water  users'  ledger,  on  loose  leaf  sheets. 
Form  7-860,  prepared  from  the  record  of  water-right  sheets  and 
from  the  records  of  payments  made.     Each  record  is  self-indexed 
and  furnishes  cross  references  to  the  others,  thus  making  other 
indexes  unnecessary. 

4.  Records  of  water  rights. — For  watertight  applications  on 
Form  "A"  the  original  will  be  retained  in  the  project  office  and 
copies  sent  to  the  Director,  -supervising  engineer,  and  applicant. 
Applications  on  Form  "B"  are  required  to  be  accompanied  by  five 
copies  one  being  for  each  of  the  following,  viz. :  the  director,  super- 
vising engineer,  project  manager,  the  applicant,  and  the  Returns 
Office.     The  original  will  be  forwarded  to  the  Director  for  trans- 


462  RECLAMATION  SERVICE  MANUAL. 

mission  to  the  Auditor  (see  p.  524).  The  applications  will  be 
given  serial  numbers  and  should  be  registered  in  serial  order  in  the 
water  users'  journal. 

5.  Record  of  lands. — From  the  farm-unit    records,  a    card, 
Form  7-858,  should  be  prepared  for  each  public  land  farm  unit  and 
for  each  known  holding  of  private  land  within  the  project.     From 
the  record  of  water  rights  as  received,  the  name  and  address  of  each 
applicant  and  the  date  and  number  of  the  water-right  application 
should  be  entered  on  the  proper  card.     If,  in  the  case  of  private 
land,  no  card  has  been  previously  prepared,  or  if,  because  of  sub- 
division or  transfer,  etc.,  the  descriptions  are  changed,  new  cards 
with  the  proper  references  should  be  prepared  and  filed  and  the 
old  cards  removed  to  a  dead  file.     These  cards,  arranged  serially 
by  townships,  ranges,  sections,  and  farm  units,  or  legal  subdivis- 
ional  descriptions  of  private  lands,  will"  show  the  names  of  persons 
successively  owning  or  applying  for  water  rights  on  each  parcel 
of  land  described,  and  the  numbers  of  the  applications  or  contracts 
therefor.     The  form  as  prepared  must  be  used  to  provide  the  index 
above  noted,  but  the  reverse  of  the  card  may  also  be  used  for  a 
record  of  the  land  classification,  including  areas  irrigable  and  non- 
irrigable,  rights  of  way  areas,  the  location  of  the  land  in  the  irriga- 
tion system,  showing  the  canals,  laterals,  and  turnouts  by  which  it 
is  served,  and  other  data  necessary  for  the  satisfactory  operation 
of  the  system  when  such  data  are  to  be  indexed  by  land  descrip- 
tions.    On  some  projects  a  separate  set  of  cards  is  used  for  this 
purpose      If   satisfactory,    such   records   may   be    continued,    but 
where  such  records  are  not  kept  or  where  for  any  reason  it  is  de- 
sirable to  combine  the  series  of  cards,  the  reverse  of  Form  7-858 
may  be  used  for  this  purpose  and  on  requisition  any  desired  print- 
ing and  ruling  will  be  placed  on  it.     The  records  on  the  faces  of 
the  cards  will  be  prepared  by  the  accounting  section,  but  when  the 
reverse  is  used  as  herein  suggested,  the  file  of  cards  may  be  kept 
wherever  most  convenient  for  the  operating  section. 

6.  Water  users'  ledger. — Records  on  Form  7-860  in  loose  leaf 

S-«cv  10  Pv 

form  arranged  a4pkabetifcaUy  by  names  of  water  users  will  show  a 
ledger  account  with  each  water  user.  This  account  will  show  the 
dates  and  amounts  of  both  portions  of  the  several  annual  instal- 
ments as  they  accrue,  and  the  dates  and  amounts  of  cash  collected 
thereon.  It  will  furnish  a  detailed  auxiliary  record  supporting 
the  general  ledger  accounts,  uncollectecl  water  right  building 


WATER    RIGHTS,    CHARGES    AND    RECORDS    FOR.  463 

charges,  and  the  sum  of  the  uncollected  items  shown  on  this  record 
should  agree  with  the  sum  of  the  balances  in  the  above  named  ac- 
counts. 

7.  Opening  water  users'  accounts. — From  the  water  users' 
journal  sheets,  ledger  accounts  should  be  opened  with  each  water 
user  on  Form  7-860  which  is  of  the  same  size  as  the  general  ledger 
and  other  similar  records  and  may  be  kept  in  the  same  binder  if 
desired.     These  accounts  should  show  the  essential  facts  of    the 
water- right  agreement  subject  to  the  general  terms  of  the  public 
notices.     One  line  of  this  ledger  sheet  should  be  given  to  each  por- 
tion of  each  instalment  and  to  the  further  subdivisions  of  the  por- 
tions for  operation  and  maintenance  when  such  portions  are  divided 
into  two  parts  accruing  on  different  dates;  also  where  the  portion 
for  operation  and  maintenance  consists  of  a  flat  charge  per-  acre 
of  irrigable  land  and  an  additional  charge  per  acre-foot  of  water 
furnished.     Both  debits  and  credits  for  each  portion  of  an  instal- 
ment should  be  entered  on  the  same  line.     The.  amounts  accrued 
and  uncollected  will  be  represented  by  the  debits  on  lines  that  do  not 
show  corresponding  credits. 

8.  Accruals,  entry  of,  on  water  users'  accounts. — On  the  dates 
when  the  portions  of  the  several  annual  instalments  become  due, 
the  necessary  debit  entries  should  be  made,  showing  dates,  acres  or 
acre- feet  chargeable  for,  rates  and  amounts  on  the  respective  water 
users'  accounts  in  the  water  users'  ledger,  and  at  the  end  of  the 
month  general  ledger  entries  should  be  made  for  the  total  of  all 
such  accrued    charges,   debiting  uncollected  water-right    building 
charges,  and  crediting  building  charges  current  calendar  year  19 — . 
for  the  whole  amount  of  accrued  building  charges;  and  debiting 
uncollected  water-right  operation  and  maintenance   charges,   and 
crediting  operation  and  maintenance  charges  current  calendar  year 
19 — ?  for  the  whole  amount  of  accrued  operation  and  maintenance 
charges. 

9.  Collections,  when  entered. — -On  the  dates  when  collections 
are  made  from  water  users  by  special  fiscal  agents  to  be  applied  in 
settlement  of  all  or  part  of  either  portion  of  an  annual  instalment," 
credit  entries  should  be  made  showing  date  and  number  of  special 
fiscal  agent's  receipt  therefor  (Form  7-459)  on  the  respective  wa- 
ter users'  accounts  in  the  record  of  water  users.     At  the  end  of  the 
month  credit  uncollected  water-right  building,  or  operation    and 
maintenance  charges,  and  debit  the  collection  vouchers  with  the  total 


464  RECLAMATION  SERVICE  MANUAL. 

of  such  collections.  The  records  herein  provided  for  should  be 
kept  in  accordance  with  the  foregoing  instructions.  Variations 
therefrom  would  necessitate  other  records  that  are  not  required  by 
this  system. 

10.  Forfeitures,  accounting  for. — "If  an  entry  subject  to  the 
Reclamation  Act  of  June  17,   1902    (32   Stat.   388),   is  cancelled 
or  relinquished,  the  payment  for  water  right  charges  already  made 
and  not  assigned  in  writing  to  a  prospective  or  succeeding  entryman 
under  the  provisions  of  paragraph  62  of  the  circular  of  May  31. 
1910,  are  forfeited." 

In  case  of  forfeitures,  the  account  in  the  water  users'  record 
should  be  transferred  to  a  division  indexed  "Forfeitures"  in  the 
back  of  the  binder  and  adjustments  made  in  the  general  ledger  ac- 
counts, debiting  "Building  charges,"  and  "Operation  and  main- 
tenance charges,"  for  the  calendar  year  for  which  any  collections 
have  been  made  and  crediting  "Building  charges  forfeited,"  and 
"Operation  and  maintenance  charges  forfeited,"  with  the  total 
amounts  under  each.  If  any  accrued  and  uncollected  charges  have 
been  assessed  and  taken  up  in  "Accounts  Receivable,"  correcting 
entry  will  be  made,  crediting  "Uncollected  W.  R.  building  charges, "' 
and  "Uncollected  W.  R.  operation  and  maintenance  charges,"  and 
debiting  "Building  charges,"  and  "Operation  and  maintenance 
charges,"  for  the  calendar  years  affected. 

11.  Receipts  for  and  reports  of  collections. — Special  fiscal 
agents  should  issue  to  each  water-right  applicant  tendering  com- 
plete and  satisfactory  payment  a1  receipt  on  Form  7-468. 

~~lf.  Report  of  lands. — Form  7-861,  Report  of  Lands,  should 
also  be  made  up  promptly  at  the  end  of  each  month  and  should  ac- 
company the  balance  sheet  and  other  fiscal  papers  which  are  for- 
warded to  the  Director  monthly.  It  should  show  the  total  number 
of  irrigable  acres  on  approved  farm  unit  plats;  the  number  for 
which  water-right  applications  have  been  accepted,  or  vested  water 
rights  served  under  contracts,  and  the  balance,  the  number  for 
which  water-right  applications  have  not  been  accepted,  or  vested 
water  rights  served  under  contract.  There  should  be  shown  for 
public  lands  the  number  of  units,  and  the  irrigable  acreage  of  land 
remaining  available  for  homestead  entry.  In  the  two  portions  of 
the  statement  of  repayments  there  should  be  shown  by  years  the 
number  of  water  users,  the  amount  of  accruals,  the  amount  collected 
and  the  amount  outstanding.  If  any  advance  payments  have  been 


WITHDRAWAL  OF  LANDS  465 

made,  they  should  be  shown  in  the  proper  column.  These  data 
should  be  reported  for  building  charges  as  well  as  for  operation 
and  maintenance.  These  data  will  be  taken  from  the  individual 
accounts  of  the  water  users  appearing  in  the  Water  Users' 
ledger  accounts,  Form  7-860.  In  order  to  prove  the  correctness 
of  the  figures  appearing  on  this  report  it  should  be  compared  with 
the  accounts  carried  in  the  general  ledger.  The  report  should  be 
signed  by  the  clerk  who  prepares  it  and  by  the  project  engineer. 
Forfeited  payments  should  be  entered  separately  from  accruals  and 
payments. 

WELLS. 

1.  Drilling  and  paying  for. — The  reclamation  fund  cannot  be 
used  for  drilling  artesian  wells  for  exploration.     Such  wells  may 
be  paid  for  from  the  reclamation  fund  only  in  cases  where  there 
is  sufficient  knowledge  in  advance  to  make  it  probable  that  water 
will  be  obtained  from  them  in  sufficient  quantities  for  the  irrigation 
of  lands,  with  the  probability  that  the  cost  will  be  returned  to  the 
reclamation  fund.      ( March"  3,  1903,  32  L.  D.,  278.) 

2.  Drilling  to  determine  availability  of  underground  waters. 
— The  drilling  of  wells  in  the  vicinity  of  an  irrigation  project  for 
the  purpose  of  determining  whether  underground  water  exists  that 
may  be  available  in  connection  with  the  project  comes  within  the 
power  conferred  by  section  2  of  the  Reclamation  Act,  "to  make 
examinations  and  surveys     *     *     *     for  the  development  of  wa- 
ters."     (March  30,  1906,  34  L.  D.,  533.) 

WITHDRAWAL  OF  LANDS. 

Date  withdrawal  becomes  effective,  par.  2. 
Farm-unit  plats,  par.  11. 
First-form  withdrawals,  pars.  6-9. 
Information,  par.  4. 
Leases,  par.  9. 
Mineral  lands,  par.  3. 
Publicity-land  descriptions,   par.   5. 
Recommendations,  par.  1. 
Scope  of  withdrawal,  par.  8. 
Second-form  withdrawals,  pars.  10-11. 
Status  of  lands  under  second  form,  pars.  10-11. 
Unsurveyed  land,  par.  6. 


466  RECLAMATION    SERVICE   MANUAL 

1.  Recommendations. — Under  Sec.  3  of  the  Reclamation  Act, 
the  Secretary  of  the  Interior  is  authorized  to  "withdraw  from  public 
entry  the  lands  required  for  any  irrigation  works     *     *     *     and 
to  withdraw  from  entry  except  under  the  homestead  laws  any  pub- 
lic lands  believed  to  be  susceptible  of  irrigation  from  said  works." 
Withdrawals  for  the  purposes  of  examination  and  survey  of  a  pos- 
sible reclamation  project  should  be  recommended  as  soon  as  the 
engineer  is  satisfied  that  a  particular  locality  presents  such  advan- 
tages for  construction  of  irrigation  works  as  to  be  worthy  of  in- 
vestigation.    Withdrawals  of  lands  for  purposes  both  of  construct- 
ing irrigation  works  and  for  irrigation  may  be  made  prior  to  such 
examination  and  survey.      (32  L.  D.,  6.) 

2.  Date  withdrawal    becomes  effective. — A  withdrawal    be- 
comes effective  to  reserve  the  land  from  entry  on  the  date  when  the 
Secretary  approves  the  recommendation  therefor.     Upon  the  can- 
cellation of  an  existing  entry,  any  reclamation  withdrawal  of  record 
becomes  effective  as  to  the  lands  covered  thereby  without  further 
order.      (32  L.  D.,  520.) 

3.  Mineral  lands. — Lands  valuable  for  mineral  deposits,  al- 
though embraced  within  the  limits  of  withdrawal  under  the  second 
form,  are  not  affected  by  such  withdrawal  with  respect    to    the 
privilege  of  exploring  for  minerals  therein,  but  the  restoration  of 
such  lands  to  entry  will  not  be  made  unless  it  should  be  developed 
by  prospecting  that  there  is  a  mineral  field  of  commercial  value, 
after  which  it  can  be  determined  what  disposition  shall  be  made  of 
the  land.     However,  lands  withdrawn  under  the  first  form  rest 
under  a  different  principle  and  are  not  subject  to  any  lien  or  claim 
other  than  a  vested  right  existing  prior  to  such  withdrawal.      (35 
L.  D.,  216.) 

4.  Information. 

(a)  Furnished  by  register  and  receiver. — General  Land  Office 
letter  of  March  7,  1905,  to  the  registers  and  receivers,  transmitted 
the  instructions  of  the  Secretary  of  the  Interior  that  the  registers 
and  receivers  of  the  several  land  districts  in  which  the  reclamation 
projects  were  located  should  furnish  to  all  parties  making  inquiries 
with  a  view  to  actual  settlement  full  information  relative  to  public 
lands  included  in  the  projects  and  subject  to  disposal  under  the 
Reclamation  Act;  and  that  they  should  also  keep  the  officers  of 
the  Reclamation  Service  fully  informed  by  correspondence  of  land 
office  conditions  appurtenant  to  such  lands. 


WITHDRAWAL,  OF  LANDS  467 

(b)  Furnished  by  project  managers. — The  officers  of  the  Recla- 
mation Service  in  charge  of  the  various  projects  shall  keep  the 
registers  and  receivers  of  the  districts  in  which  the  projects  are 
located  fully  informed  respecting  the  condition  and  progress  of  the 
work  of  construction,  and  shall  inform  inquirers  that  full  informa- 
tion respecting  the  public  land  laws  affecting  tracts  to  be  disposed 
of  under  the  Reclamation  Act  may  be  obtained  from  the  register 
and  receiver  of  the  district  in  which  the  lands  are  located. 

5.  Publicity  and  land  descriptions. — For  instructions  in  re- 
gard to  avoidance  of  publicity  when  preliminary  surveys  are  in 
progress,  see  SURVEYS,  PAR.  23.     For  instructions  in  regard  to  de- 
scriptions of  lands,  see  SURVEYS,  PAR.  24. 

6.  Unsurveyed  land. — Where  the  public  land  surveys  have 
not  been  extended  over  the  lands  in  question  but  are  somewhere  in 
the  vicinity  the  lines  of  these  surveys  should  be  projected  making  lib- 
eral allowance  for  any  possible  variance  in  the  final  land  office  sur- 
vey.    The  description  should  be  by  metes  and  bounds  and  approxi- 
mate future  subdivisions  thus :  "A  tract  described  as  follows :  be- 
ginning at  a  point  5T/2  miles  west  of  the  NW.  cor.  sec.  6,  T.  —  N., 
R.  —  W.,  —  M.,  thence  north  2^4  miles,  thence  west  2J/2  miles, 
thence  south  1  mile,  thence  east  %  mile,  thence  south  \]/2  miles, 
thence  east  2  miles,  thence  south  1%  mile,  thence  east  }/\  mile,  to 
place  of  beginning,  being  an  area  that  will  probably  be  when  sur- 
veyed,   sec.  . . , ,  sec T N.,  R 

W.,  .  .  M.     When  the  public-land  surveys  are  at  a  considerable  dis- 
tance the  descriptions  should  be  made  with  the  view  to  their  being 
plotted  on  the  state  maps  issued  by  the  General  Land  Office.     The 
fact  that  any  tract  is  included  in  one  of  the  so-called  school  sections 
should  not  prevent  a  recommendation  for  its  withdrawal  because 
the  status  of  such  lands  depends  upon  a  variety  of  conditions  and 
the  decision  regarding  the  status  is  left  to  the  General  Land  Office. 

FIRST-FORM    WITHDRAWAL. 

7.  Status  of  first-form  withdrawals. — The  first  form  of  with- 
drawal authorized  by  Sec.  3  of  the  Reclamation  Act  for  irrigation 
works  has  the  force  of  a  legislative  withdrawal  and  is  effective  to 
withdraw  from  other  disposition  than  that  contemplated  by  the 
said  form  of  withdrawal  all  the  lands  within  the  designated  limits 
to  which  a  right  has  not  vested  (32  L.  D.,  387).     Any  use  or  occu- 
pation of  such  lands,  except  under  lease  with  the  Government,  con- 


468  RECI^AMATION   SERVICE   MANUAL 

stitutes  a  trespass.  The  discretion  of  the  Secretary  in  making  first- 
form  withdrawals  of  lands  cannot  be  questioned,  and  no  applica- 
tion to  enter  can  be  allowed  on  the  ground  that  the  land  is  not 
needed.  (38  L.  D.,  349.) 

8.  Notice  to  settlers  on  withdrawn  lands. — (a)  Whenever 
knowledge  is  acquired  by  any  engineer  or  employee  of  the  Recla- 
mation Service  that  any  person  has  settled  upon  lands  withdrawn 
under  the  first  form,  or  upon  lands  withdrawn  under  the  second 
form,  before  they  have  been  declared  subject  to  entry,  and  after 
such  withdrawal,  written  notice  be  served  upon  the  settler  to  the 
effect  that  the  land  is  not  subject  to  settlement,  and  that  no  prefer- 
ence right  can  be  acquired  thereby  in  the  event  of  the  future  open- 
ing of  the  land  to  entry,  (b)  Where  a  settler  is  preparing  to  make 
improvements  or  expenditures  upon  withdrawn  land  needed  or 
likely  to  be  needed  for  reclamation  work,  or  where  settlement  or 
occupation  interferes  or  is  likely  to  interfere  with  the  operations 
of  the  Service,  the  notice  served  shall  contain  information  to  the 
effect  that  the  occupation  is  illegal  and  that  unless  the  entryman 
promptly  vacates  the  land,  or  shows  cause  as  to  why  he  should  not 
do  so,  proper  steps  will  be  taken  in  the  courts  to  secure  his  removal. 
The  notices  provided  for  in  (a)  and  (b)  should  be  limited  to 
statements  in  substantially  the  language  indicated,  (c)  If  after 
service  of  notice  to  vacate,  the  entryman  does  not,  within  a  reason- 
able time  comply  with  the  notice,  the  engineer  shall  at  once  report 
all  facts  to  the  Director  of  the  Reclamation  Service,  through  the 
supervising  engineer  in  charge  of  the  district  embracing  the  pro- 
ject, the  report  to  contain  sufficient  information  to  form  basis  of 
appropriate  legal  action,  (d)  Copies  of  notices  served  by  engi- 
neers or  employees  in  pursuance  of  this  order  will  be  at  once  fur- 
nished to  the  local  land  office  and  to  the  Director  of  the  Recla- 
mation Service,  through  the  office  of  the  supervising  engineer. 
(Secretary,  October  3,  1912.) 

8.  Scope  of  withdrawal. — First  form  withdrawals  should  em- 
brace not  only  all  lands  required  for  the  construction  of  the  main 
irrigation  works,  but  also  for  minor  structures,  such  as  diversion 
weirs,  sluiceways,  operation  and  maintenance  headquarters,  in- 
spector's and  patrolman's  quarters,  etc.,  except  when  they  are  lo- 
cated within  the  right-of-way  for  canals  reserved  by  law  and  are 
properly  a  part  of  the  operation  and  maintenance  works.  With- 
drawals under  the  first  form  should  also  be  made  to  provide  pasture 


WITHDRAWAL  OE  LANDS  469 

fv 

for  Government  animals  used  in  carrying  on  the  operations  under      \* 
the  act.      (Secretary,  March  21,  1910,  Lower    Yellowstone    Pro- 
ject.)    In  some  cases,  legal  questions  may  be  involved  and  the 
examiner  should  be  consulted.     The  recommendation    for    with- 
drawal should  be  made  with  full  statement  of  facts  so  that  the  Di- 
rector may  determine  the  propriety  of  recommending  the    with-       ^ 
drawal. 

[9.  Leases. — Temporary  leases  may  be  made  covering  lands*' 
acquired  for  irrigation  works  or  withdrawn  under  the  first  form  to 
the  extent  that  such  leases  will  not  interfere  with  the  use  and  with- 
drawal of  the  lands  for  the  purpose  of  the  Reclamation  Act.  As  . 
opportunity  arises  for  the  lease  of  such  lands,  the  supervising  engi- 
neer should  obtain  competitive  proposals  wherever  practicable, 
specifying  the  minimum  price  that  will  be  considered.  Where  the 
lands  are  sufficient  for  all  probable  applicants  as  in  the  case  of 
grazing  lands,  the  officer  may  fix  the  price  and  give  public  notice 
that  he  will  receive  applications.  In  such  cases,  he  should  give 
preference  to  the  settlers  and  landowners  under  the  project.  Com- 
petition may  not  be  dispensed  with  except  under  circumstances 
showing  conclusively  that  competition  is  impracticable,  and  certifi- 
cate signed  or  approved  by  the  supervising  engineer  must  accom- 
pany such  leases  when  submitted.  Leases  will  not  be  made  for  a 
period  longer  than  five  years  without  special  authority  from  the 
Director  upon  an  application  therefor  giving  reasons.  Form  of 
lease  has  been  adopted  which  should  be  followed.  Where  material 
variations  are  desirable  or  some  new  form  is  necessary,  a  draft 
should  be  submitted  to  the  Director  with  full  report  of  all  th^ 
features  in  the  case.  (See  LEASE  OE  GOVERNMENT  LANDS,  PAR.  2.U 

SECOND-EORM   WITHDRAWAL. 

10.  Status  of  lands  under  second  form. — Under  section  3  of 
the  Reclamation  Act,  lands  withdrawn  under  the  second  form  were 
open  only  to  entry  under  the  provisions,  limitations,  changes,  terms 
and, conditions  of  the  homestead  act.  In  pursuance,  however,  of 
the  provisions  of  the  act  of  June  25,  1910  (36  Stat,  835),  as 
amended  by  the  act  of  February  18,  1911  (36  Stat,  917),  home- 
stead entry  is  not  allowed  on  lands  withdrawn  under  the  second 
form  until  farm-unit  plats  therefor  have  been  filed  and  the  public 
notice  issued  by  the  Secretary,  except  in  case  of  relinquishment  of 
a  homestead  entry  made  prior  to  June  25,  1910. 


470  RECLAMATION   SERVICE  MANUAL 

11.  Farm-unit  plats,  effect  of  filing. — In  accordance  with  De- 
partmental order  of  July  21,  1908,  the  filing  in  the  office  of  the 
Commissioner  of  the  General  Land  Office  and  in  the  local  land  of- 
fices of  farm-unit  plats  (other  than  preliminary)  approved  by  the 
Secretary  of  the  Interior  shall  be  regarded  as  equivalent  to  an  order 
withdrawing  such  lands  under  the  second  form  under  said  act,  and 
as  an  order  changing  to  the  second  form  any  withdrawal  of  the  first 
form  then  effective  as  to  any  such  tracts.  In  case  of  the  exclusion 
from  a  farm  unit  of  any  portion  thereof  by  cancellation,  recommen- 
dation for  withdrawal  under  the  first  form  should  be  made  simul- 
taneously with  the  farm  unit  amendment,  if  the  land  is  required 
for  first  form  purposes. 

WITNESSES,  MEMBERS  OF  SERVICE  AS. 

Section  850  of  the  Revised  Statutes  provides  that  when  any  clerk 
or  other  officer  of  the  United  States  is  sent  away  from  his  place  of 
business  as  a  witness  for  the  Government,  his  necessary  expenses 
stated  in  items  and  sworn  to  in  going,  returning  and  attendance 
on  the  court  shall  be  audited  and  paid;  but  no  mileage  or  other 
compensation  in  addition  to  his  salary  shall  in  any  case  be  allowed. 
Accordingly,  whenever  a  clerk  or  other  officer  of  the  Service  is 
subpoenaed  to  testify  on  behalf  of  the  United  States,  his  salary 
will  be  paid  as  if  he  were  on  duty  during  the  period  of  his  absence 
in  pursuance  of  such  subpoena.  He  should  keep  a  memorandum 
of  his  necessary  expenses  in  going  and  returning  and  attendance 
on  the  court  and  should  prepare  a  sworn  statement  of  the  same  and 
present  it  to  the  clerk  of  the  court  for  payment.  Fares  on  rail- 
roads and  Pullman  accomodations  should  not  be  paid  for  with 
transportation  requests,  but  should  be  paid  for  in  cash  and  included 
in  the  expense  account  presented  to  the  clerk  of  the  court. 

YOUNG  MEN'S  CHRISTIAN  ASSOCIATION. 

The  Secretary  of  the  Interior  may  employ  trained  secretaries  of 
the  association  to  improve  the  conditions  in  construction  camps  and 
to  look  after  the  sanitary  and  related  matters  as  incidental  to  the 
employment  and  as  a  part  of  the  compensation  of  said  employees 
and  payment  therefor  may  be  made  from  the  reclamation  fund. 
(April  9,  1908,  14  Compt,  672.) 


STATUTES.  471 

FEDERAL  AND  STATE  LAWS  RELATING  TO  THE 

RECLAMATION  OF  ARID  LANDS  BY  THE 

UNITED  STATES. 


RECLAMATION  ACT. 

AN  ACT  Appropriating  the  receipts  from  the  sale  and  disposal  of  public  lands 
in  certain  States  and  Territories  to  the  construction  of  irrigation  works  for 
the  reclamation  of  arid  lands. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  all  moneys 
received  from  the  sale  and  disposal  of  public  lands  in  Arizona,  Cali- 
fornia, Colorado,  Idaho,  Kansas,  Montana,  Nebraska,  Nevada,  New 
Mexico,  North  Dakota,  Oklahoma,  Oregon,  South  Dakota,  Utah, 
Washington,  and  Wyoming,  beginning  with  the  fiscal  year  ending 
June  thirtieth,  nineteen  hundred  and  one,  including  the  surplus  of 
fees  and  commissions  in  excess  of  allowances  to  registers  and  re- 
ceivers, and  excepting  the  five  per  centum  of  the  proceeds  of  the 
sales  of  public  lands  in  the  above  States  set  aside  by  law  for  educa- 
tional and  other  purposes,  shall  be,  and  the  same  are  hereby,  re- 
served, set  aside,  and  appropriated  as  a  special  fund  in  the  Treas- 
ury to  be  known  as  the  "reclamation  fund,"  to  be  used  in  the 
examination  and  survey  for  and  the  construction  and  maintenance 
of  irrigation  works  for  the  storage,  diversion,  and  development  of 
waters  for  the  reclamation  of  arid  and  semiarid  lands  in  the  said 
States  and  Territories,  and  for  the  payment  of  all  other 
expenditures  provided  for  in  this  act:  Provided,  That  in  case 
the  receipts  from  the  sale  and  disposal  of  public  lands  other  than 
those  realized  from  the  sale  and  disposal  of  lands  referred  to  in 
this  section  are  insufficient  to  meet  the  requirements  for  the  sup- 
port of  agricultural  colleges  in  the  several  States  and  Territories, 
under  the  act  of  August  thirtieth,  eighteen  hundred  and  ninety,  en- 
titled "An  act  to  apply  a  portion  of  the  proceeds  of  the  public  lands 
to  the  more  complete  endowment  and  support  of  the  colleges  for  the 
benefit  of  agriculture  and  the  mechanic  arts,  established  under 
the  provisions  of  an  act  of  Congress  approved  July  second,  eigh- 
teen hundred  and  sixty-two,"  the  deficiency,  if  any,  in  the  sum 
necessary  for  the  suppo'rt  of  the  said  colleges  shall  be  provided  for 
from  any  moneys  in  the  Treasury  not  otherwise  appropriated. 

SEC.  2.  That  the  Secretary  of  the  Interior  is  hereby  authorized 
and  directed  to  make  examinations  and  surveys  for,  and  to  locate 
and  construct,  as  herein  provided,  irrigation  works  for  the  storage, 
diversion,  and  development  of  waters,  including  artesian  wells,  and 
to  report  to  Congress  at  the  beginning  of  each  regular  session  as  to 
the  results  of  such  examinations  and  surveys,  giving  estimates  of 
cost  of  all  contemplated  works,  the  quantity  and  location  of  the 


472  RECLAMATION   SERVICE)   MANUAL 

lands  which  can  be  irrigated  therefrom,  and  all  facts  relative  to  the 
practicability  of  each  irrigation  project;  also  the  cost  of  works  in 
process  of  construction  as  well  as  of  those  which  have  been  com- 
pleted. 

SEC.  3.  That  the  Secretary  of  the  Interior  shall,  before  giving  the 
public  notice  provided  for  in  section  four  of  this  act,  withdraw  from 
public  entry  the  lands  required  for  any  irrigation  works  contem- 
plated under  the  provisions  of  this  act,  and  shall  restore  to  public 
entry  any  of  the  lands  so  withdrawn  when,  in  his  judgment,  such 
lands  are  not  required  for  the  purposes  of  this  act;  and  the  Secre- 
tary of  the  Interior  is  hereby  authorized,  at  or  immediately  prior  to 
the  time  of  beginning  the  surveys  for  any  contemplated  irrigation 
works,  to  withdraw  from  entry,  except  under  the  homestead  laws, 
any  public  lands  believed  to  be  susceptible  of  irrigation  from  said 
works :  Provided,  That  all  lands  entered  and  entries  made  under 
the  homestead  laws  within  areas  so  withdrawn  during  such  with- 
drawal shall  be  subject  to  all  the  provisions,  limitations,  charges, 
terms,  and  conditions  of  this  act;  that  said  surveys  shall  be  prose- 
cuted diligently  to  completion,  and  upon  the  completion  thereof,  and 
of  the  necessary  maps,  plans,  and  estimates  of  cost,  the  Secretary  of 
the  Interior  shall  determine  whether  or  not  said  project  is  practi- 
cable and  advisable,  and  if  determined  to  be  impracticable  or  unad- 
visable  he  shall  thereupon  restore  said  lands  to  entry;  that  public 
lands  which  it  is  proposed  to  irrigate  by  means  of  any  contemplated 
works  shall  be  subject  to  entry  only  under  the  provisions  of  the 
homestead  laws  in  tracts  of  not  less  than  forty  nor  more  than  one 
hundred  and  sixty  acres,  and  shall  be  subject  to  the  limitations, 
charges,  terms,  and  conditions  herein  provided :  Provided,  That  the 
commutation  provisions  of  the  homestead  laws  shall  not  apply  to 
entries  made  under  this  act. 

SEC.  4.  That  upon  the  determination  by  the  Secretary  of  the 
Interior  that  any  irrigation  project  is  practicable,  he  may  cause  to 
be  let  contracts  for  the  construction  of  the  same,  in  such  portions 
or  sections  as  it  may  be  practicable  to  construct  and  complete  as 
parts  of  the  whole  project,  providing  the  necessary  funds  for  such 
portions  or  sections  are  available  in  the  reclamation  fund,  and  there- 
upon he  shall  give  public  notice  of  the  lands  irrigable  under  such 
project,  and  limit  of  area  per  entry,  which  limit  shall  represent  the 
acreage  which,  in  the  opinion  of  the  Secretary,  may  be  reasonably 
required  for  the  support  of  a  family  upon  the  lands  in  question; 
also  of  the  charges  which  shall  be  made  per  acre  upon  the  said  en- 
tries, and  upon  lands  in  private  ownership  which  may  be  irrigated 
by  the  waters  of  the  said  irrigation  project,  and  the  number  of 
annual  installments,  not  exceeding  ten,  in  which  such  charges  shall 
be  paid  and  the  time  when  such  payments  shall  commence.  The 
said  charges  shall  be  determined  with  a  view  of  returning  to  the 
reclamation  fund  the  estimated  cost  of  construction  of  the  project, 


STATUTES  473 

and  shall  be  apportioned  equitably :  Provided,  That  in  all  construc- 
tion work  eight  hours  shall  constitute  a  day's  work,  and  no  Mon- 
golian labor  shall  be  employed  thereon. 

SEC.  5.  That  the  entryman  upon  lands  to  be  irrigated  by  such 
works  shall,  in  addition  to  compliance  with  the  homestead  laws,  re- 
claim at  least  one-half  of  the  total  irrigable  area  of  his  entry  for 
agricultural  purposes,  and  before  receiving  patent  for  the  lands 
covered  by  his  entry  shall  pay  to  the  Government  the  charges  appor- 
tioned against  such  tract,  as  provided  in  section  4.  No  right  to  the 
use  of  water  for  land  in  private  ownership  shall  be  sold  for  a  tract 
exceeding  one  hundred  and  sixty  acres  to  any  one  landowner,  and 
no.  such  sale  shall  be  made  to  any  landowner  unless  he  be  an  actual 
bona  fide  resident  on  such  land,  or  occupant  thereof  residing  in  the 
neighborhood  of  said  land,  and  no  such  right  shall  permanently 
attach  until  all  payments  therefor  are  made.  The  annual  install- 
ments shall  be  paid  to  the  receiver  of  the  local  land  office  of  the 
district  in  which  the  land  is  situated,  and  a  failure  to  make  any  two 
payments  when  due  shall  render  the  entry  subject  to  cancellation, 
with  the  forfeiture  of  all  rights  under  this  act,  as  well  as  of  any 
moneys  already  paid  thereon.  All  moneys  received  from  the  above 
sources  shall  be  paid  into  the  reclamation  fund.  Registers  and  re- 
ceivers shall  be  allowed  the  usual  commissions  on  all  moneys  paid 
for  lands  entered  under  this  act. 

SEC.  6.  That  the  Secretary  of  the  Interior  is  hereby  authorized 
and  directed  to  use  the  reclamation  fund  for  the  operation  and 
maintenance  of  all  reservoirs  and  irrigation  works  constructed  un- 
der the  provisions  of  this  act :  Provided,  That  when  the  payments 
required  by  this  act  are  made  for  the  major  portion  of  the  lands 
irrigated  from  the  waters  of  any  of  the  works  herein  provided  for, 
then  the  management  and  operation  of  such  irrigation  works  shall 
pass  to  the  owners  of  the  lands  irrigated  thereby,  to  be  maintained 
at  their  expense  under  such  form  of  organization  and  under  such 
rules  and  regulations  as  may  be  acceptable  to  the  Secretary  of  the 
Interior :  Provided,  That  the  title  to  and  the  management  and  oper- 
ation of  the  reservoirs  and  the  works  necessary  for  their  protection 
and  operation  shall  remain  in  the  Government  until  otherwise  pro- 
vided by  Congress. 

SEC.  7.  That  where  in  carrying  out  the  provisions  of  this  act  it 
becomes  necessary  to  acquire  any  rights  or  property,  the  Secretary 
of  the  Interior  is  hereby  authorized  to  acquire  the  same  for  the 
United  States  by  purchase  or  by  condemnation  under  judicial 
process,  and  to  pay  from  the  reclamation  fund  the  sums  which  may 
be  needed  for  that  purpose,  and  it  shall  be  the  duty  of  the  Attorney 
General  of  the  United  States  upon  every  application  of  the  Secre- 
tary of  the  Interior,  under  this  act,  to  cause  proceedings  to  be  com- 
menced for  condemnation  within  thirty  days  from  the  receipt  of 
the  application  at  the  Department  of  Justice. 


474  RECLAMATION   SERVICE   MANUAL 

SEC.  8.  That  nothing  in  this  act  shall  be  construed  as  affecting  or 
intended  to  affect  or  to  in  any  way  interfere  with  the  laws  of  any 
State  or  Territory  relating  to  the  control,  appropriation,  use,  or  dis- 
tribution of  water  used  in  irrigation,  or  any  vested  right  acquired 
thereunder,  and  the  Secretary  of  the  Interior,  in  carrying  out  the 
provisions  of  this  act,  shall  proceed  in  conformity  with  such  laws, 
and  nothing  herein  shall  in  any  way  affect  any  right  of  any  State 
or  of  the  Federal  Government  or  of  any  landowner,  appropriator, 
or  user  of  water  in,  to,  or  from  any  interstate  stream  or  the  waters 
thereof:  Provided,  That  the  right  to  the  use  of  water  acquired 
under  the  provisions  of  this  act  shall  be  appurtenant  to  the  land 
irrigated,  and  beneficial  use  shall  be  the  basis,  the  measure,  and  the 
limit  of  the  right. 

SEC.  9.  [Repealed  by  sec.  6  of  the  act  of  Congress  approved 
June  25,  1910  (36  Stat.  L.,  835)].  That  it  is  hereby  declared  to 
be  the  duty  of  the  Secretary  of  the  Interior  in  carrying  out  the  pro- 
visions of  this  act,  so  far  as  the  same  may  be  practicable  and  sub- 
ject to  the  existence  of  feasible  irrigation  projects,  to  expend  the 
major  portion  of  the  funds  arising  from  the  sale  of  public  lands 
within  each  State  and  Territory  hereinbefore  named  for  the  benefit 
of  arid  and  semiarid  lands  within  the  limits  of  such  State  or  Ter- 
ritory :  Provided,  That  the  Secretary  may  temporarily  use  such  por- 
tion of  said  funds  for  the  benefit  of  arid  or  semiarid  lands  in  any 
particular  State  or  Territory  hereinbefore  named  as  he  may  deem 
advisable,  but  when  so  used  the  excess  shall  be  restored  to  the  fund 
as  soon  as  practicable,  to  the  end  that  ultimately,  and  in  any  event, 
within  each  ten-year  period  after  the  passage  of  this  act,  the  ex- 
penditures for  the  benefit  of  the  said  States  and  Territories  shall 
be  equalized  according  to  the  proportions  and  subject  to  the  con- 
ditions as  to  practicability  and  feasibility  aforesaid. 

SEC.  10.  That  the  Secretary  of  the  Interior  is  hereby  authorized 
to  perform  any  and  all  acts  and  to  make  such  rules  and  regulations 
as  may  be  necessary  and  proper  for  the  purpose  of  carrying  the 
provisions  of  this  act  into  full  force  and  effect. 

Approved,  June  17,  1902.     (32  Stat,  388.) 

USE  OF  CONSTRUCTION  MATERIALS  FROM  PUBLIC 
LANDS  AND  FORESTS. 

AN  ACT  Authorizing  the  use  of  earth,  stone,  and  timber  on  the  public  lands  and 
forest  reserves  of  the  United  States  in  the  construction  of  works  under  the 
national  irrigation  law. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  in  carrying 
out  the  provisions  of  the  national  irrigation  law,  approved  June 
seventeenth,  nineteen  hundred  and  two,  and  in  constructing  works 
thereunder,  the  Secretary  of  the  Interior  is  hereby  authorized  to  use 


STATUTES  475 

and  to  permit  the  use  by  those  engaged  in  the  construction  of  works 
under  said  law,  under  rules  and  regulations  to  be  prescribed  by  him, 
such  earth,  stone,  and  timber  from  the  public  lands  of  the  United 
States  as  may  be  required  in  the  construction  of  such  works,  and  the 
Secretary  of  Agriculture  is  hereby  authorized  to  permit  the  use  of 
earth,  stone,  and  timber  from  the  forest  reserves  of  the  United 
States  for  the  same  purpose,  under  rules  and  regulations  to  be  pre- 
scribed by  him. 

Approved,  February  8,  1905.     (33  Stat,  706.) 

DISPOSAL  OF  PROCEEDS  OF  SALES  OF  PROPERTY 
AND  REFUNDS  OF  MONEY. 

AN  ACT  To  provide  for  the  covering  into  the  reclamation  fund  certain  proceeds 
of  sales  of  property  purchased  by  the   reclamation   fund. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  there  shall 
be  covered  into  the  reclamation  fund  established  under  the  act  of 
June  seventeenth,  nineteen  hundred  and  two,  known  as  the  reclama- 
tion act,  the  proceeds  of  the  safes  of  material  utilized  for  tem- 
porary work  and  structures  in  connection  with  the  operations  under 
the  said  act,  as  well  as  of  the  sales  of  all  other  condemned  property 
which  had  been  purchased  under  the  provisions  thereof,  and  also 
any  moneys  refunded  in  connection  with  the  operations  under  said 
reclamation  act. 

Approved,  March  3,  1905.     (33  Stat,  1032.) 

TOWN  SITES  AND  LEASING  POWER. 

AN  ACT  Providing  for  the  withdrawal  from  public  entry  of  lands  needed  for 
town-site  purposes  in  connection  with  irrigation  projects  under  the  reclama- 
tion act  of  June  seventeenth,  nineteen  hundred  and  two,  and  for  other 
purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  Secretary 
of  the  Interior  may  withdraw  from  public  entry  any  lands  needed 
for  town-site  purposes  in  connection  with  irrigation  projects  under 
the  reclamation  act  of  June  seventeenth,  nineteen  hundred  and  two, 
not  exceeding  one  hundred  and  sixty  acres  in  each  case,  and  survey 
and  subdivide  the  same  into  town  lots,  with  appropriate  reserva- 
tions for  public  purposes. 

SEC.  2.  That  the  lots  so  surveyed  shall  be  appraised  under  the 
direction  of  the  Secretary  of  the  Interior  and  sold  under  his  direc- 
tion at  not  less  than  their  appraised  value  at  public  auction  to  the 
highest  bidders,  from  time  to  time,  for  cash,  and  the  lots  offered  for 
sale  and  not  disposed  of  may  afterwards  be  sold  at  not  less  than  the 
appraised  value  under  such  regulations  as  the  Secretary  of  the  In- 


476  RECIAMATION   SERVICE  MANUAL 

terior  may  prescribe.  Reclamation  funds  may  be  used  to  defray 
the  necessary  expenses  of  appraisement  and  sale,  and  the  proceeds 
of  such  sales  shall  be  covered  into  the  reclamation  fund. 

SEC.  3.  That  the  public  reservations  in  such  town  sites  shall  be 
improved  and  maintained  by  the  town  authorities  at  the  expense 
of  the  town;  and  upon  the  organization  thereof  as  municipal  cor- 
porations the  said  reservations  shall  be  conveyed  to  such  corpora- 
tions by  the  Secretary  of  the  Interior,  subject  to  the  condition  that 
they  will  be  used  forever  for  public  purposes. 

SEC.4.  That  the  Secretary  of  the  Interior  shall,  in  accordance 
with  the  provisions  of  the  reclamation  act,  provide  for  water  rights 
m  amount  he  may  deem  necessary  for  the  towns  established  as  here- 
in provided,  and  may  enter  into  contract  with  the  proper  authori- 
ties of  such  towns,  and  other  towns  or  cities  on  or  in  the  imme- 
diate vicinity  of  irrigation  projects,  which  shall  have  a  water  right 
from  the  same  source  as  that  of  said  project  for  the  delivery  of 
such  water  supply  to  some  convenient  point,  and  for  the  payment 
into  the  reclamation  fund  of  charges  for  the  same  to  be  paid  by 
such  towns  or  cities,  which  charges  shall  not  be  less  nor  upon  terms 
more  favorable  than  those  fixed. by  the  Secretary  of  the  Interior 
for  the  irrigation  project  from  which  the  water  is  taken. 

SEC.  5.  [Amended  by  act  of  Feb.  24,  1911  (36  Stat.,  930.)] 
That  whenever  a  development  of  power  is  necessary  for  the  irri- 
gation of  lands  under  any  project  undertaken  under  the  said  recla- 
mation act,  or  an  opportunity  is  afforded  for  the  development  of 
power  under  any  such  project,  the  Secretary  of  the  Interior  is  au- 
thorized to  lease  for  a  period  not  exceeding  ten  years,  giving  pref- 
erence to  municipal  purposes,  any  surplus  power  or  power  privi- 
lege, and  the  moneys  derived  from  such  leases  shall  be  covered 
into  the  reclamation  fund  and  be  placed  to  the  credit  of  the  project 
from  which  such  power  is  derived :  Provided,  That  no  lease  shall  be 
made  of  such  surplus  power  or  power  privilege  as  will  impair  the 
efficiency  of  the  irrigation  project. 

Approved,  April  16,  1906.     (34  Stat,  116.) 

LEASING  SURPLUS  POWER  AND  POWER 
PRIVILEGES. 

AN  ACT  To  amend  an  act  entitled  "An  act  providing  for  the  withdrawal  from 
public  entry  of  lands  needed  for  town-site  purposes  in  connection  with  irri- 
gation projects  under  the  reclamation  act  of  June  seventeenth,  nineteen  hun- 
dred and  two,  and  for  other  purposes,"  approved  April  sixteenth,  nineteen 
hundred  and  six. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  section  five 
of  an  act  entitled  "An  act  providing  for  the  withdrawal  from  public 
entry  of  lands  needed  for  town-site  purposes  in  connection  with  irri- 
gation projects  under  the  reclamation  act  of  June  seventeenth,  nine- 


STATUTES  477 

teen  hundred  and  two,  and  for  other  purposes,"  approved  April 
sixteenth,  nineteen  hundred  and  six,  be  amended  so  as  to  read  as 
follows : 

"SEC.  5.  That  whenever  a  development  of  power  is  necessary  for 
the  irrigation  of  lands,  under  any  project  undertaken  under  the  said 
reclamation  act,  or  an  opportunity  is  afforded  for  the  development 
of  power  under  any  such  project,  the  Secretary  of  the  Interior  is 
authorized  to  lease  for  a  period  not  exceeding  ten  years,  giving 
preference  to  municipal  purposes,  any  surplus  power  or  power 
privilege,  and  the  money  derived  from  such  leases  shall  be  covered 
into  the  reclamation  fund  and  be  placed  to  the  credit  of  the  project 
from  which  such  power  is  derived :  Provided,  That  no  lease  shall  be 
made  of  such  surplus  power  or  power  privileges  as  will  impair  the 
efficiency  of  the  irrigation  project:  Provided  further,  That  the 
Secretary  of  the  Interior  is  authorized,  in  his  discretion,  to  make 
such  a  lease  in  connection  with  Rio  Grande  project  in  Texas  and 
New  Mexico  for  a  longer  period  not  exceeding  fifty  years,  with  the 
approval  of  the  water  users'  association  or  associations  under  any 
such  project,  organized  in  conformity  with  the  rules  and  regulations 
prescribed  by  the  Secretary  of  the  Interior  in  pursuance  of  section 
six  of  the  reclamation  act  approved  June  seventeenth,  nineteen  hun- 
dred and  two." 

Approved,  February  24,  1911.     (36  Stat,  930.) 

FARM  UNITS,  TOWN  SITES,  AND   DESERT-LAND 
ENTRIES. 

AN  ACT  Providing  for  the  subdivision  of  lands  entered  under  the  reclamation 
act,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  whenever, 
in  the  opinion  of  the  Secretary  of  the  Interior,  by  reason  of  market 
conditions  and  the  special  fitness  of  the  soil  and  climate  for  the 
growth  of  fruit  and  garden  produce,  a  lesser  area  than  forty  acres 
may  be  sufficient  for  the  support  of  a  family  on  lands  to  be  irrigated 
under  the  provisions  of  the  act  of  June  seventeenth,  nineteen  hun- 
dred and  two,  known  as  the  reclamation  act,  he  may  fix  a  lesser 
area  than  forty  acres  as  the  minimum  entry  and  may  establish  farm 
units  of  not  less  than  ten  nor  more  than  one  hundred  and  sixty 
acres.  That  wherever  it  may  be  necessary,  for  the  purpose  of  ac- 
rttrate  description,  to  further  subdivide  lands  to  be  irrigated  under 
the  provisions  of  said  reclamation  act,  the  Secretary  of  the  Interior 
may  cause  subdivision  surveys  to  be  made  by  the  officers  of  the 
reclamation  service,  which  subdivisions  shall  be  rectangular  in  form, 
except  in  cases  where  irregular  subdivisions  may  be  necessary  in 
order  to  provide  for  practicable  and  economical  irrigation.  Such 
subdivision  surveys  shall  be  noted  upon  the  tract  books  in  the  Gen- 


478  RECLAMATION    SERVICE   MANUAL 

eral  Land  Office,  and  they  shall  be  paid  for  from  the  reclamation 
fund:  Provided,  That  an  entryman  may  elect  to  enter  under  said 
reclamation  act  a  lesser  area  than  the  minimum  limit  in  any  State 
or  Territory. 

SEC.  2.  That  wherever  the  Secretary  of  the  Interior,  in  carrying 
out  the  provisions  of  the  reclamation  act,  shall  acquire  by  relin- 
quishment  lands  covered  by  a  bona  fide  unperfected  entry  under  the 
land  laws  of  the  United  States,  the  entryman  upon  such  tract  may 
make  another  and  additional  entry,  as  though  the  entry  thus  re- 
linquished had  not  been  made. 

SEC.  3.  That  any  town  site  heretofore  set  apart  or  established  by 
proclamation  of  the  President,  under  the  provisions  of  sections 
twenty-three  hundred  and  eighty  and  twenty-three  hundred  and 
eighty-one  of  the  Revised  Statutes  of  the  United  States,  within  or 
in  the  vicinity  of  any  reclamation  project,  may  be  appraised  and 
disposed  of  in  accordance  with  the  provisions  of  the  act  of  Congress 
approved  April  sixteenth,  nineteen  hundred  and  six,  entitled  "An 
act  providing  for  the  withdrawal  from  public  entry  of  lands  needed 
for  town-site  purposes  in  connection  with  irrigation  projects  under 
the  reclamation  act  of  June  seventeenth,  nineteen  hundred  and  two, 
and  for  other  purposes" ;  and  all  necessary  expenses  incurred  in  the 
appraisal  and  sale  of  lands  embraced  within  any  such  town  site 
shall  be  paid  from  the  reclamation  fund,  and  the  proceeds  of  the 
sales  of  such  lands  shall  be  covered  into  the  reclamation  fund. 

SEC.  4.  That  in  the  town  sites  of  Heyburn  and  Rupert,  in  Idaho, 
created  and  surveyed  by  the  Government,  on  which  town  sites  set- 
tlers have  been  allowed  to  establish  themselves,  and  had  actually 
established  themselves  prior  to  March  fifth,  nineteen  hundred  and 
six,  in  permanent  buildings  not  easily  moved,  the  said  settlers  shall 
be  given  the  right  to  purchase  the  lots  so  built  upon  at  an  appraised 
valuation  for  cash,  such  appraisement  to  be  made  under  rules  to  be 
prescribed  by  the  Secretary  of  the  Interior.  Providing  that  the 
limitation  on  the  size  of  town  sites  contained  in  the  act  of  April 
sixteenth,  nineteen  hundred  and  six,  entitled  "An  act  providing  for 
the  withdrawal  from  public  entry  of  lands  needed  for  town-site 
purposes  in  connection  with  irrigation  projects  under  the  reclama- 
tion act  of  June  seventeenth,  nineteen  hundred  and  two,  and  for 
other  purposes,"  shall  not  apply  to  the  town  sites  named  in  this  sec- 
tion; and  whenever,  in  the  opinion  of  the  Secretary  of  the  Interior, 
it  shall  be  advisable  for  the  public  interest,  he  may  withdraw  and 
dispose  of  town  sites  in  excess  of  one  hundred  and  sixty  acres  under 
the  provisions  of  the  aforesaid  act,  approved  April  sixteenth,  nine- 
teen hundred  and  six,  and  reclamation  funds  shall  be  available  for 
the  payment  of  all  expenses  incurred  in  executing  the  provisions 
of  this  act  and  the  aforesaid  act  of  April  sixteenth,  nineteen  hun- 
dred and  six,  and  the  proceeds  of  all  sales  of  town  sites  shall  be 
covered  into  the  reclamation  fund. 


STATUTES  479 

SEC.  5.  That  where  any  bona  fide  desert-land  entry  has  been  or 
may  be  embraced  within  the  exterior  limits  of  any  land  withdrawal 
or  irrigation  project  under  the  act  entitled  "An  act  appropriating 
the  receipts  from  the  sale  and  disposal  of  public  lands  in  certain 
States  and  Territories  to  the  construction  of  irrigation  works  for 
the  reclamation  of  arid  lands,"  approved  June  seventeenth,  nineteen 
hundred  and  two,  and  the  desert-land  entryman  has  been  or  may  be 
directly  or  indirectly  hindered,  delayed,  or  prevented  from  making 
improvements  or  from  reclaiming  the  land  embraced  in  any  such 
entry  by  reason  of  such  land  withdrawal  or  irrigation  project,  the 
time  during  which  the  desert-land  entryman  has  been  or  may  be 
so  hindered,  delayed,  or  prevented  from  complying  with  the  desert- 
land  law  shall  not  be  computed  in  determining  the  time  within 
which  such  entryman  has  been  or  may  be  required  to  make  im- 
provements or  reclaim  the  land  embraced  within  any  such  desert- 
land  entry:  Provided,  That  if  after  investigation  the  irrigation 
project  has  been  or  may  be  abandoned  by  the  Government,  time  for 
compliance  with  the  desert-land  law  by  any  such  entryman  shall  be- 
gin to  run  from  the  date  of  notice  of  such  abandonment  of  the 
project  and  the  restoration  to  the  public  domain  of  the  lands  with- 
drawn in  connection  therewith,  and  credit  shall  be  allowed  for  all 
expenditures  and  improvements  heretofore  made  on  any  such 
desert-land  entry  of  which  proof  has  been  filed;  but  if  the  reclama- 
tion project  is  carried  to  completion  so  as  to  make  available  a  water 
supply  for  the  land  embraced  in  any  such  desert-land  entry,  the 
entryman  shall  thereupon  comply  with  all  the  provisions  of  the 
aforesaid  act  of  June  seventeenth,  nineteen  hundred  and  two,  and 
shall  relinquish  all  land  embraced  within  his  desert-land  entry  in 
excess  of  one  hundred  and  sixty  acres,  and  as  to  such  one  hundred 
and  sixty  acres  retained,  he  shall  be  entitled  to  make  final  proof 
<jiid  obtain  patent  upon  compliance  with  the  terms  of  payment  pre- 
scribed in  said  act  of  June  seventeenth,  nineteen  hundred  and  two, 
and  not  otherwise.  But  nothing  herein  contained  shall  be  held  to 
require  a  desert-land  entryman  who  owns  a  water  right  and  re- 
claims the  land  embraced  in  his  entry  to  accept  the  conditions  of 
said  reclamation  act. 

Approved,  June  27,  1906.      (34  Stat,  519.) 

REAPPRAISEMENT  OF  UNSOLD  TOWN  LOTS. 

AN  ACT  Providing  for  the  reappraisement  of  unsold  lots   in  town  sites  on 
reclamation  projects,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  Secre- 
tpry  of  the  Interior  is  hereby  authorized,  whenever  he  may  deem  it 
necessary,  to  reappraise  all  unsold  lots  within  town  sites  on  projects 


480  RECLAMATION   SERVICE   MANUAL, 

under  the  reclamation  act  heretofore  or  hereafter  appraised  under 
the  provisions  of  the  act  approved  April  sixteenth,  nineteen  hun- 
dred and  six,  entitled  "An  act  providing  for  the  withdrawal  from 
public  entry  of  lands  needed  for  town-site  purposes  in  connection 
with  irrigation  projects  under  the  reclamation  act  of  June  seven- 
teenth, nineteen  hundred  and  two,  and  for  other  purposes,"  and  the 
act  approved  June  twenty-seventh,  nineteen  hundred  and  six,  en- 
titled "An  act  providing  for  the  subdivision  of  lands  entered  under 
the  reclamation  act,  and  for  other  purposes" ;  and  thereafter  to 
proceed  with  the  sale  of  such  town  lots  in  accordance  with  said 
acts. 

SEC.  2.  That  in  the  sale  of  town  lots  under  the  provisions  of  the 
said  acts  of  April  sixteenth  and  June  twenty-seventh,  nineteen  hun- 
dred and  six,  the  Secretary  of  the  Interior  may,  in  his  discretion, 
require  payment  for  such  town  lots  in  full  at  time  of  sale  or  in 
annual  installments,  not  exceeding  five,  with  interest  at  the  rate 
of  six  per  centum  per  annum  on  deferred  payments. 

Approved,  June  11,  1910.     (36  Stat,  465.) 

CONVEYANCE  OF  BLOCK  IN  POWELL  TOWNSITE 
TO  SCHOOL  DISTRICT. 

AN  ACT  Making  a  grant  of  lands  for  school  purposes    in  block    numbered 
thirty-one,  town  site  of  Powell,  Shoshoni  reclamation  project,  Wyoming. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  Secre- 
tary of  the  Interior  is  hereby  authorized  and  directed  to  issue  patent 
conveying  block  thirty-one,  town  site  of  Powell,  on  Shoshoni 
reclamation  project,  Wyoming,  to  school  district  numbered  two, 
Park  County,  Wyoming. 

Approved,  August  21,  1912.      (37  Stat.,  322.) 

EXTENSION  OF  RECLAMATION  ACT  TO  TEXAS. 

AN  ACT  To  extend  the  irrigation  act  to  the  State  of  Texas. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  pro- 
visions of  the  act  entitled  "An  act  appropriating  the  receipts  from 
the  sale  and  disposal  of  public  lands  in  certain  States  and  Territories 
to  the  construction  of  irrigation  works  for  the  reclamation  of  arid 
lands,"  approved  June  seventeenth,  nineteen  hundred  and  two,  be, 
and  the  same  are  hereby,  extended  so  as  to  include  and  apply  to  the 
State  of  Texas. 

Approved,  June  12,  1906.      (34  Stat,  259.) 


STATUTES  481 

ADVANCES  TO  THE  RECLAMATION  FUND. 

AN  ACT  To  authorize  advances  to  the  "reclamation  fund,"  and  for  the  issue 
and  disposal  of  certificates  of  indebtedness  in  reimbursement  therefor  and  for 
other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  to  enable 
ilie  Secretary  of  the  Interior  to  complete  government  reclamation 
projects  heretofore  begun,  the  Secretary  of  the  Treasury  is  au- 
thorized, upon  request  of  the  Secretary  of  the  Interior,  to  transfer 
from  time  to  time  to  the  credit  of  the  reclamation  fund  created  by 
the  act  entitled  "An  act  appropriating  the  receipts  from  the  sale 
and  disposal  of  public  lands  in  certain  States  and  Territories  to  the 
construction  of  irrigation  works  for  the  reclamation  of  arid  lands," 
approved  June  seventeenth,  nineteen  hundred  and  two,  such  sum  or 
sums,  not  exceeding  in  the  aggregate  twenty  million  dollars,  as  the 
Secretary  of  the  Interior  may  deem  necessary  to  complete  the  said 
reclamation  projects,  and  such  extensions  thereof  as  he  may  deem 
proper  and  necessary  to  the  successful  and  profitable  operation  and 
maintenance  thereof  or  to  protect  water  rights  pertaining  thereto 
claimed  by  the  United  States,  provided  the  same  shall  be  approved 
by  the  President  of  the  United  States;  and  such  sum  or  sums  as 
may  be  required  to  comply  with  the  foregoing  authority  are  hereby 
appropriated  out  of  any  money  in  the  Treasury  not  otherwise  ap- 
propriated :  Provided,  That  the  sums  hereby  authorized  to  be  trans- 
ferred to  the  reclamation  fund  shall  be  so  transferred  only  as  such 
sums  shall  be  actually  needed  to  meet  payments  for  work  performed 
under  existing  law :  And  provided  further,  That  all  sums  so  trans- 
ferred shall  be  reimbursed  to  the  Treasury  from  the  reclamation 
fund,  as  hereinafter  provided :  And  provided  further,  That  no  part 
of  this  appropriation  shall  be  expended  upon  any  existing  project 
until  it  shall  have  been  examined  and  reported  upon  by  a  board  of 
engineer  officers  of  the  Army,  designated  by  the  President  of  the 
United  States,  and  until  it  shall  be  approved  by  the  President  as 
feasible  and  practicable  and  worthy  of  such  expenditure;  nor  shall 
any  portion  of  this  appropriation  be  expended  upon  any  new  project. 

SEC.  2.  That  for  the  purpose  of  providing  the  Treasury  with 
funds  for  such  advances  to  the  reclamation  fund,  the  Secretary  of 
the  Treasury  is  authorized  to  issue  certificates  of  indebtedness  of 
the  United  States  in  such  form  as  he  may  prescribe  and  in  denomi- 
nations of  fifty  dollars,  or  multiples  of  that  sum;  said  certificates 
to  be  redeemable  at  the  option  of  .the  United  States  at  any  time  after 
three  years  from  the  date  of  their  issue  and  to  be  payable  five  years 
after  such  date,  and  to  bear  interest,  payable  semiannually,  at  not 
exceeding  three  per  centum  per  annum;  the  principal  and  interest 
to  be  payable  in  gold  coin  of  the  United  States.  The  certificates  of 


482  RECLAMATION   SERVICE  MANUAL 

indebtedness  herein  authorized  may  be  disposed  of  by  the  Secretary 
of  the  Treasury  at  not  less  than  par,  under  such  rules  and  regula- 
tions as  he  may  prescribe,  giving  all  citizens  of  the  United  States 
an  equal  opportunity  to  subscribe  therefor,  but  no  commission  shall 
be  allowed  and  the  aggregate  issue  of  such  certificates  shall  not  ex- 
ceed the  amount  of  all  advances  made  to  said  reclamation  fund,  and 
in  no  event  shall  the  same  exceed  the  sum  of  twenty  million  dollars. 
The  certificates  of  indebtedness  herein  authorized  shall  be  exempt 
from  taxes  or  duties  of  the  United  States  as  well  as  from  taxation 
in  any  form  by  or  under  state,  municipal,  or  local  authority ;  and  a 
sum  not  exceeding  one-tenth  of  one  per  centum  of  the  amount  of 
the  certificates  of  indebtedness  issued  under  this  act  is  hereby  ap- 
propriated, out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated, to  pay  the  expense  of  preparing,  advertising,  and  issuing 
the  same. 

SEC.  3.  That  beginning  five  years  after  the  date  of  the  first  ad- 
vance to  the  reclamation  fund  under  this  act,  fifty  per  centum  of 
the  annual  receipts  of  the  reclamation  fund  shall  be  paid  into  the 
general  fund  of  the  Treasury  of  the  United  States  until  payment 
so  made  shall  equal  the  aggregate  amount  of  advances  made  by  the 
Treasury  to  said  reclamation  fund,  together  with  interest  paid  on 
the  certificates  of  indebtedness  issued  under  this  act  and  any  ex- 
pense incident  to  preparing,  advertising,  and  issuing  the  same. 

SEC.  4.  That  all  money  placed  to  the  credit  of  the  reclamation 
fund  in  pursuance  of  this  act  shall  be  devoted  exclusively  to  the 
completion  of  work  on  reclamation  projects  heretofore  begun  as 
hereinbefore  provided,  and  the  same  shall  be  included  with  all  other 
expenses  in  future  estimates  of  construction,  operation,  or  main- 
tenance, and  hereafter  no  irrigation  project  contemplated  by  said 
act  of  June  seventeenth,  nineteen  hundred  and  two,  shall  be  begun 
unless  and  until  the  same  shall  have  been  recommended  by  the  Sec- 
retary of  the  Interior  and  approved  by  the  direct  onder  of  the  Pres- 
ident of  the  United  States. 

SEC.  5.  [Amended  by  act  of  Congress  approved  February  18, 
1911,  36  Stat,  917.]  That  no  entry  shall  be  hereafter  made  and 
no  entryman  shall  be  permitted  to  go  upon  lands  reserved  for  irriga- 
tion purposes  until  the  Secretary  of  the  Interior  shall  have  estab- 
lished the  unit  of  acreage  and  fixed  the  water  charges  and  the  date 
when  the  water  can  be  applied  and  made  public  announcement  of 
the  same. 

SEC.  6.  That  section  nine  of  said  act  of  Congress,  approved  June 
seventeenth,  nineteen  hundred  and  two,  entitled  "An  act  appropriat- 
ing the  receipts  from  the  sale  and  disposal  of  public  lands  in  certain 
States  and  Territories  to  the  construction  of  irrigation  works  for 
the  reclamation  of  arid  lands,"  is  hereby  repealed. 

Approved,  June  25,  1910.     (36  Stat,  835.) 


STATUTES.  483 

SALE  OF  LANDS  ACQUIRED  UNDER  THE  RECLAMA- 
TION ACT. 

AN  ACT  To  provide  for  the  sale  of  lands  acquired  under  the  provisions  of  the 
reclamation  act  and  which  are  not  needed  for  the  purposes  of  that  act. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  whenever 
in  the  opinion  of  the  Secretary  of  the  Interior  any  lands  which 
have  been  acquired  under  the  provisions  of  the  act  of  June  seven- 
teenth, nineteen  hundred  and  two  (Thirty-second  Statutes,  page 
three  hundred  and  eighty-eight) ,  commonly  called  the  "reclamation 
act,"  or  under  the  provisions  of  any  act  amendatory  thereof  or  sup- 
plementary thereto,  for  any  irrigation  works  contemplated  by  said 
reclamation  act  are  not  needed  for  the  purposes  for  which  they  were 
acquired,  said  Secretary  of  the  Interior  may  cause  said  lands,  to- 
gether with  the  improvements  thereon,  to  be  appraised  by  three  dis- 
interested persons,  to  be  appointed  by  him,  and  thereafter  to  sell 
the  same  for  not  less  than  the  appraised  value  at  public  auction  to 
the  highest  bidder,  after  giving  public  notice  of  the  time  and  place 
of  sale  by  posting  upon  the  land  and  by  publication  for  not  less  than 
thirty  days  in  a  newspaper  of  general  circulation  in  the  vicinity  of 
the  land. 

SEC.  2.  That  upon  payment  of  the  purchase  price,  the  Secretary 
of  the  Interior  is  authorized  by  appropriate  deed  to  convey 
all  the  right,  title,  and  interest  of  the  United  States  of,  in,  and  to 
said  lands  to  the  purchaser  at  said  sale,  subject,  however,  to  such 
reservations,  limitations,  or  conditions  as  said  Secretary  may  deem 
proper :  Provided,  That  not  over  one  hundred  and  sixty  acres  shall 
be  sold  to  any  one  person. 

SEC.  3.  That  the  moneys  derived  from  the  sale  of  such  lands 
shall  be  covered  into  the  reclamation  fund  and  be  placed  to  the 
credit  of  the  project  for  which  such  lands  had  been  acquired. 

Approved,  February  2,  1911.      (36  Stat,  895.) 

PUBLIC  NOTICES  AND  WATER-RIGHT  APPLICA- 
TIONS. 

[Curtis  Act.] 

AN  ACT  To  authorize  the  Secretary  of  the  Interior  to  withdraw  public  notices 
issued  under  section  four  of  the  reclamation  act,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  the  Secre- 
tary of  the  Interior  may,  in  his  discretion,  withdraw  any^  public 
notice  heretofore  issued  under  section  four  of  the  reclamation  act 
of  June  seventeenth,  nineteen  hundred  and  two,  and  he  may  agree 
to  such  modification  of  water-right  applications  heretofore  duly 
filed  or  contracts  with  water  users'  associations  and  others,  entered 


484  RECLAMATION     SERVICE     MANUAL. 

into  prior  to  the  passage  of  this  act,  as  he  may  deem  advisable,  or 
he  may  consent  to  the  abrogation  of  such  water-right  applications 
and  contracts,  and  proceed  in  all  respects  as  if  no  such  notice  had 
been  given. 

Approved,  February  13,  1911.     (36  Stat,  902.) 

ASSIGNMENT  OF  RECLAMATION  HOMESTEAD 
ENTRIES. 

AN  ACT  Providing  that  entrymen  for  homesteads  within  reclamation  projects 
may  assign  their  entries  upon  satisfactory  proof  of  residence,  improvement, 
and  cultivation  for  five  years  the  same  as  though  said  entry  had  been  made 
under  the  original  homestead  act. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  from  and 
after  the  filing  with  the  Commissioner  of  the  General  Land  Office 
of  satisfactory  proof  of  residence,  improvement,  and  cultivation  for 
the  five  years  required  by  law,  persons  who  have  or  shall  make 
homestead  entries  within  reclamation  projects  under  the  provisions 
of  the  act  of  June  seventeenth,  nineteen  hundred  .and  two,  may  as- 
sign such  entries,  or  any  part  thereof,  to  other  persons,  and  such  as- 
signees, upon  submitting  proof  of  the  reclamation  of  the  lands  and 
upon  payment  of  the  charges  apportioned  against  the  same  as  pro- 
vided in  the  said  act  of  June  seventeenth,  nineteen  hundred  and 
two,  may  receive  from  the  United  States  a  patent  for  the  lands: 
Provided,  That  all  assignments  made  under  the  provisions  of  this 
act  shall  be  subject  to  the  limitations,  charges,  terms,  and  condi- 
tions of  the  reclamation  act. 

Approved,  June  23,  1910.      (36  Stat.,  592.) 

ASSIGNMENT  OF  DESERT  LAND  ENTRIES. 

AN  ACT  Relating  to  partial  assignments  of  desert-land  entries  within  reclama- 
tion projects  made  since  March  twenty-eighth,  nineteen  hundred  and  eight. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  a  desert-land 
entry  within  the  exterior  limits  of  a  Government  reclamation  pro- 
ject may  be  assigned  in  whole  or  in  part  under  the  Act  of  March 
twenty-eighth,  nineteen  hundred  and  eight  (Thirty-fifth  Statutes  at 
Large,  page  fifty-two),  and  the  benefits  and  limitations  of  the  Act 
of  June  twenty-seventh,  nineteen  hundred  and  six  (Thirty-fourth 
Statutes  at  Large,  page  five  hundred  and  twenty),  shall  apply  to 
such  desert-land  entryman  and  his  assignees :  Provided,  That  all 
such  assignments  shall  conform  to  and  be  in  accordance  with  farm 
units  to  be  established  by  the  Secretary  of  the  Interior  upon  the 
application  of  the  desert-land  entryman.  All  such  assignments, 
heretofore  made  in  good  faith  shall  be  recognized  under  this  Act. 

Approved,  July  24,  1912.      (37  Stat.,  200.) 


STATUTES.  485 

RELINQUISHMENT  OF  SECOND-FORM  LANDS. 

AN  ACT  To  amend  section  five  of  the  act  of  Congress  of  June  twenty-fifth, 
nineteen  hundred  and  ten,  entitled  "An  act  to  authorize  advances  to  the  'recla- 
mation fund,'  and  for  the  issue  and  disposal  of  certificates  of  indebtedness 
m  reimbursement  therefor,  and  for  other  purposes." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  section  five 
of  an  act  entitled  "An  act  to  authorize  advances  to  the  'reclamation 
fund,'  and  for  the  issue  and  disposal  of  certificates  of  indebtedness 
in  reimbursement  therefor,  and  for  other  purposes,"  approved  June 
twenty-fifth,  nineteen  hundred  and  ten  (Thirty-sixth  Statutes  at 
Large,  page  eight  hundred  and  thirty-five),  be,  and  the  same  here- 
by is,  amended  as  follows : 

"SEC.  5.  That  no  entry  shall  be  hereafter  made  and  no  entryman 
shall  be  permitted  to  go  upon  lands  reserved  for  irrigation  pur- 
poses until  the  Secretary  of  the  Interior  shall  have  established  the 
unit  of  acreage  and  fixed  the  water  charges  and  the  date  when  the 
water  can  be  applied  and  make  public  announcement  of  the  same : 
Provided,  That  where  entries  made  prior  to  June  twenty-fifth,  nine- 
teen hundred  and  ten,  have  been  or  may  be  relinquished  in  whole 
or  in  part,  the  lands  so  relinquished  shall  be  subject  to  settlement 
and  entry  under  the  homestead  law  as  amended  by  an  act  entitled 
'An  act  appropriating  the  receipts  from  the  sale  and  disposal  of  the 
public  lands  in  certain  States  and  Territories  to  the  construction 
of  irrigation  works  for  the  reclamation  of  arid  lands,'  approved 
June  seventeenth,  nineteen'  hundred  and  two  (Thirty-second  Stat- 
utes at  Large,  page  three  hundred  and  eighty-eight)." 

Approved,  February  18,  1911.     (36  Stat,  917.) 

HOMESTEAD  ENTRIES. 

AN  ACT  To  amend  section  twenty-two  hundred  and  ninety-one  and  section 
twenty-two  hundred  and  ninety-seven  of  the  Revised  Statutes  of  the  United 
States  relating  to  homesteads. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  section 
twenty-two  hundred  and  ninety-one  and  section  twenty-two  hun- 
dred and  ninety-seven  of  the  Revised  Statutes  of  the  United  States 
be  amended  to  read  as  follows : 

"SEC.  2291.  No  certificate,  however,  shall  be  given  or  patent 
issued  therefor  until  the  expiration  of  three  years  from  the  date 
of  such  entry;  and  if  at  the  expiration  of  such  time,  or  at  any  time 
within  two  years  thereafter,  the  person  making  such  entry,  or  if  he 
be  dead  his  widow,  or  in  case  of  a  widow  making  such  entry  her 
heirs  or  devisee,  or  in  case  of  her  death,  proves  by  himself  and  by 
two  credible  witnesses  that  he,  she,  or  they  have  a  habitable  house 


486  RECLAMATION     SERVICE     MANUAL. 

upon  the  land  and  have  actually  resided  upon  and  cultivated  the 
same  for  the  term  of  three  years  succeeding  the  time  of  filing  the 
affidavit,  and  makes  affidavit  that  no  part  of  such  land  has  been 
alienated,  except  as  provided  in  section  twenty-two  hundred  and 
eighty-eight,  and  that  he,  she,  or  they  will  bear  true  allegiance  to 
the  Government  of  the  United  States,  then  in  such  case  he,  she,  or 
they,  if  at  that  time  citizens  of  the  United  States,  shall  be  entitled 
to  a  patent,  as  in  other  cases  provided  by  law :  Provided,  That  upon 
filing  in  the  local  land  office  notice  of  the  beginning  of  such  absence, 
the  entryman  shall  be  entitled  to  a  continuous  leave  of  absence  from 
the  land  for  a  period  not  exceeding  five  months  in  each  year  after 
establishing  residence,  and  upon  the  termination  of  such  absence  the 
entryman  shall  file  a  notice  of  such  termination  in  the  local  land 
office,  but  in  case  of  commutation  the  fourteen  months'  actual  resi- 
dence as  now  required  by  law  must  be  shown,  and  the  person  com- 
muting must  be  at  the  time  a  citizen  of  the  United  States :  Provided, 
That  when  the  person  making  entry  dies  before  the  offer  of  final 
proof  those  succeeding  to  the  entry  must  show  that  the  entryman 
had  complied  with  the  law  in  all  respects  to  the  date  of  his  death 
and  that  they  have  since  complied  with  the  law  in  all  respects,  as 
would  have  been  required  of  the  entryman  had  he  lived,  excepting 
that  they  are  relieved  from  any  requirement  of  residence  upon  the 
land :  Provided  further,  That  the  entryman  shall,  in  order  to  comply 
with  the  requirements  of  cultivation  herein  provided  for,  cultivate 
not  less  than  one-sixteenth  of  the  area  of  his  entry,  beginning  with 
the  second  year  of  the  entry,  and  not  less  than  one-eighth,  begin- 
ning with  the  third  year  of  the  entry,  and  until  final  proof,  except 
that  in  the  case  of  entries  under  section  six  of  the  enlarged-home- 
stead law  double  the  area  of  cultivation  herein  provided  shall  be 
required,  but  the  Secretary  of  the  Interior  may,  upon  a  satisfactory 
showing,  under  rules  and  regulations  prescribed  by  him,  reduce  the 
required  area  of  cultivation :  Provided,  That  the  above  provision  as 
to  cultivation  shall  not  apply  to  entries  under  the  Act  of  April 
twenty-eighth,  nineteen  hundred  and  four,  commonly  known  as  the 
Kinkaid  Act,  or  entries  under  the  Act  of  June  seventeenth,  nine- 
teen hundred  and  two,  commonly  known  as  the  Reclamation  Act, 
and  that  the  provisions  of  this  section  relative  to  the  homestead 
period  shall  apply  to  all  unperfected  entries  as  well  as  entries  here- 
after made  upon  which  residence  is  required :  Provided,  That  the 
Secretary  of  the  Interior  shall,  within  sixty  days  after  the  passage 
of  this  Act,  send  a  copy  of  the  same  to  each  homestead  entryman 
of  record  who  may  be  affected  thereby,  by  ordinary  mail  to  his  last 
known  address,  and  any  such  entryman  may,  by  giving  notice  with- 
in one  hundred  and  twenty  days  after  the  passage  of  this  Act,  by 
registered  letter  to  the  register  and  receiver  of  the  local  land  office, 
elect  to  make  proof  upon  his  entry  under  the  law  under  which  the 
same  was  made  without  regard  to  the  provisions  of  this  Act." 


STATUTES.  487 

"SEC.  2297.  If,  at  any  time  after  the  filing  of  the  affidavit  as  re- 
quired in  section  twenty-two  hundred  and  ninety  and  before  the 
expiration  of  the  three  years  mentioned  in  section  twenty-two  hun- 
dred and  ninety-one,  it  is  proved,  after  due  notice  to  the  settler,  to 
the  satisfaction  of  the  register  of  the  land  office  that  the  person 
having  filed  such  affidavit  has  failed  to  establish  residence  within 
six  months  after  the  date  of  entry,  or  abandoned  the  land  for  more 
that  six  months  at  any  time,  then  and  in  that  event  the  land  so  en- 
tered shall  revert  to  the  Government :  Provided,  That  the  three 
years'  period  of  residence  herein  fixed  shall  date  from  the  time  of 
establishing  actual  permanent  residence  upon  the  land :  And  pro- 
vided further,  That  where  there  may  be  climatic  reasons,  sickness, 
or  other  unavoidable  cause,  the  Commissioner  of  the  General  Land 
Office  may,  in  his  discretion,  allow  the  settler  twelve  months  from 
the  date  of  filing  in  which  to  commence  his  residence  on  said  land 
under  such  rules  and  regulations  as  he  may  prescribe." 

Approved,  June  6,  1912.     (37  Stat,  123.) 

LEAVE  OF  ABSENCE  TO   HOMESTEADERS. 

AN  ACT  Granting  leaves  of  absence  to  homesteaders  on  lands  to  be  irrigated 
under  the  provisions  of  the  act  of  June  17,  1902. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  all  qualified 
entry  men  who  have  heretofore  made  bona  fide  entry  upon  lands 
proposed  to  be  irrigated  under  the  provisions  of  the  act  of  June 
seventeenth,  nineteen  hundred  and  two,  known  as  the  national  irri- 
gation act,  may,  upon  application  and  a  showing  that  they  have 
made  substantial  improvements,  and  that  water  is  not  avialable  for 
the  irrigation  of  their  said  lands,  within  the  discretion  of  the  Sec- 
retary of  the  Interior,  obtain  leave  of  absence  from  their  entries, 
until  water  for  irrigation  is  turned  into  the  main  irrigation  canals 
from  which  the  land  is  to  be  irrigated :  Provided,  That  the  period 
of  actual  absence  under  this  act  shall  not  be  deducted  from  the  full 
time  of  residence  required  by  law. 

Approved,  June  25,  1910.     (36  Stat.,  864.) 

PATENTS  ON  RECLAMATION  ENTRIES,  ETC. 

AN  ACT  Providing  for  patents  on  reclamation  entries,  and  for  other  purposes. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  any  home- 
stead entryman  under  the  Act  of  June  seventeenth,  nineteen  hun- 
dred and  two,  known  as  the  Reclamation  Act,  including  entrymen 
on  ceded  Indian  lands,  may,  at  any  time  after  having  complied  with 
the  provisions  of  law  applicable  to  such  lands  as  to  residence,  recla- 
mation and  cultivation,  submit  proof  of  such  residence,  reclamation 


488  RECLAMATION     SERVICE     MANUAL. 

and  cultivation,  which  proof,  if  found  regular  and  satisfactory, 
shall  entitle  the  entryman  to  a  patent,  and  all  purchasers  of  water- 
right  certificates  on  reclamation  projects  shall  be  entitled  to  a  final 
water-right  certificate  upon  proof  of  the  cultivation  and  reclama- 
tion of  the  land  to  which  the  certificate  applies,  to  the  extent  re- 
quired by  the  Reclamation  Act  for  homestead  entrymen :  Provided., 
That  no  such  patent  or  certificate  shall  issue  until  all  sums  due  the 
United  States  on  account  of  such  land  or  water  right  at  the  time  of 
issuance  of  patent  or  certificate  have  been  paid. 

SEC.  2.  That  every  patent  and  water-right  certificate  issued 
under  this  Act  shall  expressly  reserve  to  the  United  States  a  prior 
lien  on  the  land  patented  or  for  which  water  right  is  certified,  to- 
gether with  all  water  rights  appurtenant  or  belonging  thereto,  su- 
perior to  all  other  liens,  claims  or  demands  whatsoever  for  the  pay- 
ment of  all  sums  due  or  to  become  due  to  the  United  States  or  its 
successors  in  control  of  the  irrigation  project  in  connection  with 
such  lands  and  water  rights. 

Upon  default  of  payment  of  any  amount  so  due  title  to  the  land 
shall  pass  to  the  United  States  free  of  all  encumbrance,  subject  to 
the  right  of  the  defaulting  debtor  or  any  mortgagee,  lien  holder, 
judgment  debtor,  or  subsequent  purchaser  to  redeem  the  land  within 
one  year  after  the  notice  of  such  default  shall  have  been  given  by 
payment  of  all  moneys  due,  with  eight  per  centum  interest  and  cost. 
And  the  United  States,  at  its  option,  acting  through  the  Secretary 
of  the  Interior,  may  cause  land  to  be  sold  at  any  time  after  such 
failure  to  redeem,  and  from  the  proceeds  of  the  sale  there  shall  be 
paid  into  the  reclamation  fund  all  moneys  due,  with  interest  as 
herein  provided,  and  costs.  The  balance  of  the  proceeds,  if  any, 
shall  be  the  property  of  the  defaulting  debtor  or  his  assignee :  Pro- 
vided, That  in  case  of  sale  after  failure  to  redeem  under  this  section 
the  United  States  shall  be  authorized  to  bid  in  such  land  at  not  more 
than  the  amount  in  default,  including  interest  and  costs. 

SEC.  3.  That  upon  full  and  final  payment  being  made  of  all 
amounts  due  on  account  of  the  building  and  betterment  charges  to 
the  United  States  or  its  successors  in  control  of  the  project,  the 
United  States  or  its  successors,  as  the  case  may  be,  shall  issue  upon 
request  a  certificate  certifying  that  payment  of  the  building  and 
betterment  charges  in  full  has  been  made  and  that  the  lien  upon  the 
land  has  been  so  far  satisfied  and  is  no  longer  of  any  force  or  effect 
except  the  lien  for  annual  charges  for  operation  and  maintenance : 
Provided,  That  no  person  shall  at  any  one  time  or  in  any  manner, 
except  as  hereinafter  otherwise  provided,  acquire,  own,  or  hold 
irrigable  land  for  which  entry  or  water-right  application  shall  have 
been  made  under  the  said  Reclamation  Act  of  June  seventeenth, 
nineteen  hundred  and  two,  and  Acts  supplementary  thereto  and 
amendatory  thereof,  before  final  payment  in  full  of  all  installments 
of  building  and  betterment  charges  shall  have  been  made  on  account 


STATUTES.  489 

of  such  land  in  excess  of  one  farm  unit  as  fixed  by  the  Secretary 
of  the  Interior  as  the  limit  of  area  per  entry  of  public  land  or  per 
single  ownership  of  private  land  for  which  a  water  right  may  be 
purchased  respectively,  nor  in  any  case  in  excess  of  one  hundred 
and  sixty  acres,  nor  shall  water  be  furnished  under  said  Acts  nor 
a  water  right  sold  or  recognized  for  such  excess;  but  any  such  ex- 
cess land  acquired  at  any  time  in  good  faith  by  descent,  by  will,  or 
by  foreclosure  of  any  lien  may  be  held  for  two  years  and  no  longer 
after  its  acquisition;  and  every  excess  holding  prohibited  as  afore- 
said shall  be  forfeited  to  the  United  States  by  proceedings  instituted 
by  the  Attorney  General  for  that  purpose  in  any  court  of  competent 
jurisdiction;  and  this  proviso  shall  be  recited  in  every  patent  and 
water-right  certificate  issued  by  the  United  States  under  the  pro- 
visions of  this  Act. 

SEC.  4.  That  the  Secretary  of  the  Interior  is  hereby  authorized 
to  designate  such  bonded  fiscal  agents  or  officers  of  the  Reclamation 
Service  as  he  may  deem  advisable  on  each  reclamation  project,  to 
whom  shall  be  paid  all  sums  due  on  reclamation  entries  or  water 
rights,  and  the  officials  so  designated  shall  keep  a  record  for  the 
information  of  the  public  of  the  sums  paid  and  the  amount  due  at 
any  time  on  account  of  any  entry  made  or  water  right  purchased 
under  the  Reclamation  Act;  and  the  Secretary  of  the  Interior  shall 
make  provision  for  furnishing  copies  of  duly  authenticated  records 
of  entries  upon  payment  of  reasonable  fees,  which  copies  shall  be 
admissible  in  evidence,  as  are  copies  authenticated  under  section 
eight  hundred  and  eighty-eight  of  the  Revised  Statutes. 

SEC.  5.  That  jurisdiction  of  suits  by  the  United  States  for  the 
enforcement  of  the  provisions  of  this  Act  is  hereby  conferred  on 
the  United  States  district  courts  of  the  districts  in  which  the  lands 
are  situated. 

Approved,  August  9,  1912.     (37  Stat,  265.) 

PATENTS  ON  RECLAMATION  PROJECT  DESERT 
ENTRIES. 

From  the  Deficiency  Bill  for  1912  and  prior  years. 

That  any  desert-land  entryman  whose  desert-land  entry  has  been 
embraced  within  the  exterior  limits  of  any  land  withdrawal  or  irri- 
gation project  under  the  Act  of  June  seventeenth,  nineteen  hundred 
and  two,  known  as  the  Reclamation  Act,  and  who  may  have  ob- 
tained a  water  supply  for  the  land  embraced  in  any  such  desert-land 
entry  from  the  reclamation  project  by  the  purchase  of  a  water 
right  certificate,  may  at  any  time  after  having  complied  with  the 
provisions  of  the  law  applicable  to  such  lands  and  upon  proof  of 
the  cultivation  and  reclamation  of  the  land  to  the  extent  required 
by  the  Reclamation  Act  for  homestead  entrymen,  submit  proof  of 
such  compliance,  which  proof,  if  found  regular  and  satisfactory, 


490  RECLAMATION     SERVICE     MANUAL. 

shall  entitle  the  entryman  to  a  patent  and  a  final  water  right  certi- 
ficate under  the  same  terms  and  conditions  as  required  of  home- 
stead entrymen  under  the  Act  entitled  "An  Act  providing  for  pat- 
ents on  reclamation  entries,  and  for  other  purposes,  approved  Aug- 
ust ninth,  nineteen  hundred  and  twelve." 

(Approved  August  26,  1912,  37  Stat,  610.) 

RELIEF  OF  CERTAIN  RECLAMATION  HOMESTEAD 
ENTRYMEN. 

AN  ACT  For  the  relief  of  homestead  entrymen  under  the  reclamation  projects 
in  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  no  qualified 
entryman  who  prior  to  June  twenty-fifth,  nineteen  hundred  and  ten, 
made  bona  fide  entry  upon  lands  proposed  to  be  irrigated  under  the 
provisions  of  the  Act  of  June  seventeenth,  nineteen  hundred  and 
two,  the  national  reclamation  law,  and  who  established  residence  in 
good  faith  upon  the  lands  entered  by  him,  shall  be  subject  to  contest 
for  failure  to  maintain  residence  or  make  improvements  upon  his 
land  prior  to  the  time  when  water  is  available  for  the  irrigation  of 
the  lands  embraced  in  his  entry,  but  all  such  entrymen  shall,  within 
ninety  days  after  the  issuance  of  the  public  notice  required  by  sec- 
tion four  of  the  Reclamation  Act,  fixing  the  date  when  water  will 
be  available  for  irrigation,  file  in  the  local  land  office  a  water-right 
application  for  the  irrigable  lands  embraced  in  his  entry,  in  con- 
formity with  the  public  notice  and  approved  farm-unit  plat  for  the 
township  in  which  his  entry  lies,  and  shall  also  file  an  affidavit  that 
he  has  re-established  his  residence  on  the  land  with  the  intention  of 
maintaining  the  same  for  a  period  sufficient  to  enable  him  to  make 
final  proof :  Provided,  That  no  such  entryman  shall  be  entitled  to 
have  counted  as  part  of  the  required  period  of  residence  any  period 
of  time  during  which  he  was  not  actually  upon  the  said  land  prior 
to  the  date  of  the  notice  aforesaid,  and  no  application  for  the  entry 
of  said  lands  shall  be  received  until  after  the  expiration  of  the 
ninety  days  after  the  issuance  of  notice  within  which  the  entryman 
is  hereby  required  to  re-establish  his  residence  and  apply  for  water 
right. 

Approved,  April  30,  1912.     (37  Stat,  105.) 

DISPOSITION  OF  SURPLUS  WATERS  AND  CO-OPER- 
ATION IN  CONSTRUCTION. 

[Warren  Act.] 

AN  ACT  To  authorize  the  Government  to  contract  for  impounding,  storing,  and 
carriage  of  water,  and  to  co-operate  in  the  construction  and  use  of  reservoirs 
and  canals  under  reclamation  projects,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 


STATUTES.  491 

United  States  of  America  in  Congress  assembled,  That  whenever 
in  carrying  out  the  provisions  of  the  reclamation  law,  storage  or 
carrying  capacity  has  been  or  may  be  provided  in  excess  of  the  re- 
quirements of  the  lands  to  be  irrigated  under  any  project,  the  Sec- 
retary of  the  Interior,  preserving  a  first  right  to  lands  and  entry- 
men  under  the  project,  is  hereby  authorized,  upon  such  terms  as 
he  may  determine  to  be  just  and  equitable,  to  contract  for  the  im- 
pounding, storage,  and  carriage  of  water  to  an  extent  not  exceeding 
such  excess  capacity  with  irrigation  systems  operating  under  the  act 
of  August  eighteenth,  eighteen  hundred  and  ninety- four,  known  as 
the  Carey  Act,  and  individuals,  corporations,  associations,  and  irri- 
gation districts  organized  for  or  engaged  in  furnishing  or  in  distrib- 
uting water  for  irrigation.  Water  so  impounded,  stored,  or  carried 
under  any  such  contract  shall  be  for  the  purpose  of  distribution  to  in- 
dividual water  users  by  the  party  with  whom  the  contract  is  made : 
Provided,  however,  That  water  so  impounded,  stored,  or  carried 
shall  not  be  used  otherwise  than  as  prescribed  by  law  as  to  lands 
held  in  private  ownership  within  Government  reclamation  projects. 
In  fixing  the  charges  under  any  such  contract  for  impounding, 
storing,  or  carrying  water  for  any  irrigation  system,  corporation, 
association,  district,  or  individual,  as  herein  provided,  the  Secretary 
shall  take  into  consideration  the  cost  of  construction  and  main- 
tenance of  the  reservoir  by  which  such  water  is  to  be  impounded 
or  stored  and  the  canal  by  which  it  is  to  be  carried,  and  such 
charges  shall  be  just  and  equitable  as  to  water  users  under  the 
Government  project.  No  irrigation  system,  district,  association, 
corporation,  or  individual  so  contracting  shall  make  any  charge  for 
the  storage,  carriage,  or  delivery  of  such  water  in  excess  of  the 
charge  paid  to  the  United  States  except  to  such  extent  as  may  be 
reasonably  necessary  to  cover  cost  of  carriage  and  delivery  of  such 
water  through  their  works. 

SEC.  2.  That  in  carrying  out  the  provisions  of  said  reclamation 
act  and  acts  amendatory  thereof  or  supplementary  thereto,  the  Sec- 
retary of  the  Interior  is  authorized,  upon  such  terms  as  may  be 
agreed  upon,  to  co-operate  with  irrigation  districts,  water  users' 
associations,  corporations,  entrymen,  or  water  users  for  the  con- 
struction or  use  of  such  reservoirs,  canals,  or  ditches  as  may  be 
advantageously  used  by  the  Government  and  irrigation  districts, 
water  users'  associations,  corporations,  entrymen,  or  water  users 
for  impounding,  delivering,  and  carrying  water  for  irrigation  pur- 
poses :  Provided,  That  the  title  to  and  management  of  the  works 
so  constructed  shall  be  subject  to  the  provisions  of  section  six  of 
said  act :  Provided  further,  That  water  shall  not  be  furnished  from 
any  such  reservoir  or  delivered  through  any  such  canal  or  ditch  to 
any  one  landowner  in  excess  of  an  amount  sufficient  to  irrigate  one 
hundred  and  sixty  acres :  Provided,  That  nothing  contained  in  this 
act  shall  be  held  or  construed  as  enlarging  or  attempting  to  enlarge 


492  RECLAMATION     SERVICE     MANUAL. 

the  right  of  the  United  States,  under  existing  law,  to  control  the 
waters  of  any  stream  in  any  State. 

SEC.  .3.  That  the  moneys  received  in  pursuance  of  such  contracts 
shall  be  covered  into  the  reclamation  fund  and  be  available  for  use 
under  the  terms  of  the  reclamation  act  and  the  acts  amendatory 
thereof  or  supplementary  thereto. 

Approved,  February  21,  1911.      (36  Stat,  925.) 

RENT  OF  OFFICE  ACCOMMODATION. 

The  following  provision  is  taken  from  the  deficiency  appropria- 
tion act  for  the  fiscal  year  ending  June  30,  1906 : 

The  Secretary  of  the  Interior  may  authorize  such  expenditure  as 
may  be  necessary,  not  exceeding  a  total  of  eight  thousand  dollars 
annually,  for  rent  of  office  accommodations  in  the  city  of  Wash- 
ington, District  of  Columbia,  for  the  Reclamation  Service,  payable 
from  the  Reclamation  fund,  established  by  act  approved  June  seven- 
teenth, nineteen  hundred  and  two,  entitled  "An  act  appropriating 
the  receipts  from  the  sale  and  disposal  of  public  lands  in  certain 
States  and  Territories  to  the  construction  of  irrigation  works  for 
the  reclamation  of  arid  lands." 

Approved,  June  30,  1906.     (34  Stat.,  663.) 

PURCHASES  OF  BOOKS  AND  PERIODICALS. 

A  provision  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  ending  June  30,  1909,  reads  as  follows : 

"The  Secretary  of  the  Interior  may  authorize  the  purchase  of 
such  law  books,  books  of  reference,  periodicals,  engineering  and 
statistical  publications  as  are  needed  in  carrying  out  the  surveys 
and  examinations  authorized  by  the  act  of  June  seventeenth,  nine- 
teen hundred  and  two,  entitled  'An  act  appropriating  the  receipts 
from  the  sale  and  disposal  of  public  lands  in  certain  States  and 
Territories  for  the  construction  of  irrigation  works  for  the  recla- 
mation of  arid  lands.'  " 

Approved,  May  27,  1908.     (35  Stat,  350.) 

ASSIGNMENTS  OF  PAY. 

The  act  of  Congress  entitled  "An  act  making  appropriations  for 
sundry  civil  expenses  of  the  Government  for  the  fiscal  year  ending 
June  30,  1909,  and  for  other  purposes,"  contains  the  following  pro- 
vision : 

The  Secretary  of  the  Interior  is  hereby  authorized  to  permit  the 
employees  of  the  Reclamation  Service,  while  employed  in  the  field, 
to  make  assignments  of  their  pay  under  such  regulations  as  he  may 
prescribe. 

Approved,  May  27,  1908.     (35  Stat,  350.) 


STATUTES.  493 

INVESTIGATIONS    OF    RECLAMATION     LANDS    BY 
THE  DEPARTMENT  OF  AGRICULTURE. 

In  the  act  of  Congress  making  appropriations  for  the  Depart- 
ment of  Agriculture  for  the  fiscal  year  ending  June  30,  1910,  under 
the  appropriations  to  be  expended  by  the  Bureau  of  Plant  Industry, 
occurs  the  following : 

For  investigations  in  connection  with  the  utilization  of  land 
reclaimed  under  the  Reclamation  Act,  and  other  areas  in  the  arid 
and  semi-arid  regions,  seventy-six  thousand  six  hundred  and  eighty 
dollars. 

Approved,  March  4,  1909.     (35  Stat,  1045.) 

INVESTIGATION  OF  WATERS  OF  LOWER 
COLORADO  RIVER. 

JOINT  RESOLUTION  Directing  the  Secretary  of  the  Interior  to  institute  an 
investigation  relative  to  the  use  of  the  waters  of  the  Colorado  River  for  irri- 
gation, and  to  report  to  Congress  thereon. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  Secre- 
tary of  the  Interior  is  hereby  directed  to  institute  an  in- 
vestigation of  and  report  to  the  Congress  on  the  various 
questions  involved  in  connection  with  the  use  of  the  waters  of  the 
lower  Colorado  River  for  the  irrigation  of  arid  lands  in  the  State 
of  California  and  the  Territory  of  Arizona  with  the  view  of  deter- 
mining the  extent  to  which  the  waters  of  the  said  stream  may  be 
made  available  for  the  said  purpose  through  works  under  the  na- 
tional irrigation  act  and  by  private  enterprise,  and  as  to  what  legis- 
lation, if  any,  is  necessary  to  grant  or  confirm  to  present  and  future 
appropriators  and  users  thereof  perpetual  rights  to  the  use  of  said 
waters  for  irrigation. 

Approved,  April  28,  1904.     (33  Stat.,  591.) 

CHANGING  LEVELS  OF  LAKES  IN  CALIFORNIA  AND 
OREGON. 

AN  ACT  Authorizing  the  changing  of  the  levels  of  certain  lakes  and  the  disposal 
of  certain  lands  under  the  terms  of  the  national  reclamation  act. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  Secre- 
tary of  the  Interior  is  hereby  authorized  in  carrying  out  any  irri- 
gation project  that  may  be  undertaken  by  him  under  the  terms  and 
conditions  of  the  national  reclamation  act  and  which  may  involve 
the  changing  of  the  levels  of  Lower  or  Little  Klamath  Lake,  Tule 
or  Rhett  Lake,  and  Goose  Lake,  or  any  river  or  other  body  of 
water  connected  therewith,  in  the  States  of  Oregon  and  Califor- 


494  RECLAMATION     SERVICE     MANUAL. 

nia,  to  raise  or  lower  the  level  of  said  lakes  as  may  be  necessary 
and  to  dispose  of  any  lands  which  may  come  into  the  possession  of 
the  United  States  as  a  result  thereof  by  cession  of  any  State  or 
otherwise  under  the  terms  and  conditions  of  the  national  reclama- 
tion act. 

Approved,  February  9,  1905.      (33  Stat,  714.) 

ACT  OF  CALIFORNIA  STATE  LEGISLATURE. 

AN  ACT  Authorizing  the  United  States  Government  to  lower  the  water  levels 
of  any  or  all  of  the  following  lakes :  Lower  or  Little  Klamath  Lake,  Tule  or 
Rhett  Lake,  Goose  Lake,  and  Clear  Lake,  situated  in  Siskiyou  and 
Modoc  Counties,  and  to  use  any  part  or  all  of  the  beds  of  said 
lakes  for  the  storage  of  water  in  connection  with  the  irrigation  and  reclama- 
tion operations  conducted  by  the  Reclamation  Service  of  the  United  States ; 
also  ceding  to  the  United  States  all  right,  title,  interest,  or  claim  of  the  State 
of  California  to  any  lands  uncovered  by  the  lowering  of  the  water  levels  of 
any  or  all  of  said  lakes  not  already  disposed  of  by  the  State. 

The  people  of  the  State  of  California,  represented  in  Senate  and 

Assembly,  do  enact  as  follows: 

SECTION  1.  That  for  the  purpose  of  aiding  in  the  operations  of 
irrigation  and  reclamation  conducted  by  the  Reclamation  Service 
of  the  United  States,  established  by  the  act  of  Congress  approved 
June  seventeenth,  nineteen  hundred  and  two  (thirty-second  Stat- 
utes, page  three  hundred  and  eighty-eight),  known  as  the  reclama- 
tion act,  the  United  States  is  hereby  authorized  to  lower  the  water 
levels  of  any  or  all  of  the  following  lakes:  Lower  or  Little  Kla- 
math Lake,  Tule  or  Rhett  Lake,  Goose  Lake,  and  Clear  Lake,  sit- 
uated in  Siskiyou  and  Modoc  Counties,  as  shown  by  the  map  of  the 
United  States  Geological  Survey,  and  to  use  any  part  or  all  of  the 
beds  of  said  lakes  for  the.  storage  of  water  in  connection  with  such 
operations. 

SEC.  2.  And  there  is  hereby  ceded  to  the  United  States  all  the 
right,  title,  interest,  or  claim  of  this  State  to  any  lands  uncovered- 
by  the  lowering  of  the  water  levels  of  any  or  all  of  said  lakes  not 
already  disposed  of  by  this  State;  and  the  lands  hereby  ceded  may 
be  disposed  of  by  the  United  States  free  of  any  claim  on  the  part 
of  this  State  in  any  manner  that  may  be  deemed  advisable  by  the 
authorized  agencies  of  the  United  States  in  pursuance  of  the  pro- 
visions of  said  reclamation  act :  Provided,  That  this  act  shall  not  be 
in  effect  as  to  lakes  herein  named,  which  lie  partly  in  the  State  of 
Oregon,  until  a  similar  cession  has  been  made  by  that  State. 

Approved,  February  3,  1905.      (Cal.  Stats.,  1905,  p.  4.) 

ACT  OF  OREGON  STATE  LEGISLATURE. 

AN  ACT  To  authorize  the  utilization  of  Upper  Klamath  Lake,  Lower  or  Little 
Klamath  Lake,  and  Tule  or  Rhett  Lake,  situate  in  Klamath  County,  Oregon, 
and  Goose  Lake,  situate  in  Lake  County,  Oregon,  in  connection  with  the  irri- 
gation and  reclamation  operations  of  the  Reclamation  Service  of  the  United 
States,  and  to  cede  to  the  United  States  all  the  right,  title,  interest,  and  claim 


STATUTES.  495 

of  the -State  of  Oregon  to  any  and  all  lands  recovered  by  the  lowering  of  the 
water  levels  or  by  the  drainage  of  any  or  all  of  said  lakes. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  Oregon; 
Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

SECTION  1.  That  for  the  purpose  of  aiding  in  the  operations  of 
irrigation  and  reclamation  conducted  by  the  Reclamation  Service 
of  the  United  States,,  established  by  the  act  of  Congress  approved 
June  17,  1902  (32  Stat.,  388),  known  as  the  Reclamation  Act,  the 
United  States  is  hereby  authorized  to  lower  the  water  level  of 
Upper  Klamath  Lake,  situate  in  Klamath  County,  Oregon,  and  to 
lower  the  water  level  of  or  to  drain  any  or  all  of  the  following 
lakes :  Lower  or  Little  Klamath  Lake  and  the  Tule  or  Rhett  Lake, 
situate  in  Klamath  County,  Oregon,  and  Goose  Lake,  situate  in 
Lake  County,  Oregon,  and  to  use  any  part  or  all  of  the  beds  of  said 
lakes  for  the  storage  of  water  in  connection  with  such  operations. 

SEC.  2.  That  there  be,  and  hereby  is,  ceded  to  the  United  States 
all  the  right,  title,  interest,  or  claim  of  this  State  to  any  land  un- 
covered by  the  lowering  of  the  water  levels  or  by  the  drainage  of 
any  or  all  of  said  lakes  not  already  disposed  of  by  the  State;  and 
the  lands  hereby  ceded  may  be  disposed  of  by  the  United  States, 
free  of  any  claim  on  the  part  of  this  State  in  any  manner  that  may 
be  deemed  advisable  by  its  authorized  agencies,  in  pursuance  of  the 
provisions  of  said  reclamation  act. 

Approved,  January  20,  1905.  (General  Laws  of  Oregon,  1905, 
p.  63.) 

DAMS  ACROSS  YELLOWSTONE  RIVER,  MONT. 

AN  ACT  To  authorize  the  Secretary  of  the  Interior  to  construct  dams  across 
the  Yellowstone  River  in  Montana  in  connection  with  irrigation  works. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  where,  in 
carrying  out  projects  under  the  provisions  of  the  national  reclama- 
tion act,  it  shall  be  necessary  to  construct  dams  in  or  across  the 
Yellowstone  River  in  the  State  of  Montana,  the  Secretary  of  the 
Interior  is  hereby  authorized  to  construct  and  use  and  operate  the 
same  in  the  manner  and  for  the  purposes  contemplated  by  said 
reclamation  act. 

Approved,  March  3,  1905.     (33  Stat.,  1045.) 

FORT  SHAW  MILITARY  RESERVATION,  MONT. 

AN  ACT  To  provide  for  the  disposition  under  the  public  land  laws  of  the  lands 
in  the  abandoned  Fort   Shaw  Military  Reservation,   Montana. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  Secre- 
tary of  the  Interior  is  hereby  authorized  to  dispose  of  the  lands 


4:96  RECLAMATION     SERVICE     MANUAL,. 

in  the  abandoned  Fort  Shaw  Military  Reservation,  in  Montana, 
under  the  provisions  of  the  public  land  laws,  and  the  public  land 
surveys  shall  be  extended  over  the  lands  therein :  Provided,  That 
he  may  reserve  for  Indian  school  purposes  the  following-described 
lands  in  township  twenty  north,  range  two  west,  Montana  principal 
meridian,  as  determined  by  the  extension  of  the  public  surveys : 
That  portion  of  section  two  lying  south  of  Sun  River,  all  of  sec- 
tions eleven,  fourteen,  and  twenty-three,  and  that  portion  of  sec- 
tion twenty-six  lying  within  the  present  reservation  boundary: 
Provided  further,  That  before  opening  the  reservation  to  entry,  the 
Secretary  of  the  Interior  may  withdraw  any  other  lands  therein 
needed  in  connection  with  an  irrigation  project  under  the  provisions 
of  the  act  of  June  seventeenth,  nineteen  hundred  and  two,  known 
as  the  reclamation  act,  for  use  or  disposition  thereunder. 
Approved,  June  9,  1906.  (34  Stat,  228.) 

CONSTRUCTION  OF  RIO  GRANDE  DAM. 

AN  ACT  Relating  to  the  construction  of  a  dam  and  reservoir  on  the  Rio  Grande, 
in  New  Mexico,  for  the  impounding  of  the  flood  waters  of  said  river  for  pur- 
poses of  irrigation. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  pro- 
visions of  the  reclamation  act  approved  June  seventeenth, 
nineteen  hundred  and  two,  shall  be  extended  for  the  purposes  of 
this  act  to  the  portion  of  the  State  of  Texas  bordering  upon  the 
Rio  Grande  which  can  be  irrigated  from  a  dam  to  be  constructed 
near  Engle,  in  the  Territory  of  New  Mexico,  on  the  Rio  Grande, 
to  store  the  flood  waters  of  that  river,  and  if  there  shall  be  ascer- 
tained to  be  sufficient  land  in  New  Mexico  and  in  Texas  which  can 
be  supplied  with  the  stored  water  at  a  cost  which  shall  render  the 
project  feasible  and  return  to  the  reclamation  fund  the  cost  of  the 
enterprise,  then  the  Secretary  of  the  Interior  may  proceed  with  the 
work  of  constructing  a  dam  on  the  Rio  Grande  as  part  of  the  gen- 
eral system  of  irrigation,  should  all  other  conditions  as  regards 
feasibility  be  found  satisfactory. 

Approved,  February  25,  1905.     (33  Stat,  814.) 

CONVENTION  BETWEEN  THE  UNITED  STATES  AND  MEXICO,  PROVIDING 
EOR  THE  EQUITABLE  DISTRIBUTION  OE  THE  WATERS  OE  THE  RIO 
GRANDE  EOR  IRRIGATION  PURPOSES. 

[Signed  at  Washington  May  21,  1906;  ratification  advised  by  the  Senate  June  26,  1900; 
ratified  by  the  President  Dec.  26,  1906;  ratified  by  Mexico  Jan.  5,  1907;  ratifications 
exchanged  at  Washington  Jan.  16,  1907;  proclaimed  Jan.  16,  1907.] 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  a  convention  between  the  United  States  of  America  and  the  United 
States  of  Mexico,  providing  for  the  equitable  distribution  of  the  waters  of  the 


STATUTES. 


497 


Rio  Grande  for  irrigation  purposes,  and  to  remove  all  causes  of  controversy 
between  them  in  respect  thereto,  was  concluded  and  signed  by  their  respective 
plenipotentiaries  at  Washington  on  the  21st  day  of  May,  1906,  the  original  of 
which  convention,  being  in  the  English  and  Spanish  languages,  is  word  for  word 
cis  follows '. 

"The  United  States  of  America  and  the  United  States  of  Mexico  being  de- 
sirous to  provide  for  the  equitable  distribution  of  the  waters  of  the  Rio  Grande 
for  irrigation  purposes,  and  to  remove  all  causes  of  controversy  between  them 
in  respect  thereto,  and  being  moved  by  considerations  of  international  comity 
have  resolved  to  conclude  a  convention  for  these  purposes  and  have  named  as 
their  plenipotentiaries : 

"The  President  of  the  United  States  of  America,  Elihu  Root,  Secretary  of 
State  of  the  United  States;  and 

"The  President  of  the  United  States  of  Mexico,  His  Excellency  Senor  Don 
Joaqum  D.  Casasus,  ambassador  extraordinary  and  plenipotentiary  of  the 
United  States  of  Mexico  at  Washington : 

"Who,  after  having  exhibited  their  respective  full  powers,  which  were  found 
to  be  in  good  and  due  form,  have  agreed  upon  the  following  articles : 

"ARWCtE  I.  After  the  completion  of  the  proposed  storage  dam  near  Engle, 
N.  Mex.,  and  the  distributing  system  auxiliary  thereto,  and  as  soon  as  water 
shall  be  available  in  said  system  for  the  purpose,  the  United  States  shall  deliver 
to  Mexico  a  total  of  60,000  acre-feet  of  water  annually,  in  the  bed  of  the  Rio 
Grande  at  the  point  where  the  head  works  of  the  Acequia  Madre,  known  as  the 
Old  Mexican  Canal,  now  exist  above  the  city  of  Juarez,  Mexico. 

"ART.  II.  The  delivery  of  the  said  amount  of  water  shall  be  assured  by  the 
United  States  and  shall  be  distributed  through  the  year  in  the  same  proportions 
as  the  water  supply  proposed  to  be  furnished  from  the  said  irrigation  system 
to  lands  in  the  United  States  in  the  vicinity  of  El  Paso,  Tex.,  according  to  the 
following  schedule,  as  nearly  as  may  be  possible: 


January    . 
February 
March    ... 

April    

fay    

Tune     . .  . . 

July   

August  ... 
September 
October  .  , 
November 
December 


Total  for  the  year. 


Acre-feet 

Correspond- 

per 

ing  cubic 

month. 

feet  of  water. 

0 

0 

1,090 

47,480,400 

5,460 
12,000 

237,837,600 
522,720,000 

12,000 

522,720,000 

12,000 

522,720.000 

8,180          356,320',800 

4,370   i       190,357,200 

3,270           142,441,200 

1,090            47,480,400 

540            23,522,400 

0                             0 

60,000   ,    2,613,600,000 

"In  case,  however,  of  extraordinary  drought  or  serious  accident  to  the  irriga- 
tion system  in  the  United  States,  the  amount  delivered  to  the  Mexican  Canal 
shall  be  diminished  in  the  same  proportion  as  the  water  delivered  to  lands 
under  said  irrigation  system  in  the  United  States. 

"A.RT.  III.  The  said  delivery  shall  be  made  without  cost  to  Mexico,  and  the 
United  States  agrees  to  pay  the  whole  cost  of  storing  the  said  quantity  of 
water  to  be  delivered  to  Mexico,  of  conveying  the  same  to  the  international  line, 
of  measuring  the  said  water,  and  of  delivering  it  in  the  river  bed  above  the  head 
of  the  Mexican  Canal.  It  is  understood  that  the  United  States  assumes  no 
obligation  beyond  the  delivering  of  the  water  in  the  bed  of  the  river  above  the 
head  of  the  Mexican  Canal. 

"ART.  IV.  The  delivery  of  water  as  herein  provided  is  not  to  be  construed  as  a 
recognition  by  the  United  States  of  any  claim  on  the  part  of  Mexico  to  the  said 
waters;  and  it  is  agreed  that  in  consideration  of  such  delivery  of  water  Mexico 
waives  any  and  all  claims  to  the  waters  of  the  Rio  Grande  for  any  purpose 
whatever  between  the  head  of  the  present  Mexican  Canal  and  Fort  Quitman, 
Tex.,  and  also  declares  fully  settled  and  disposed  of,  and  hereby  waives,  all 
claims  heretofore  asserted  or  existing,  or  that  may  hereafter  arise,  or  be  as- 
serted, against  the  United  States  on  account  of  any  damages  alleged  to  have 
been  sustained  by  the  owners  of  land  in  Mexico  by  reason  of  the  diversion  by 
citizens  of  the  United  States  of  waters  of  the  Rio  Grande. 

"ART.  V.  The  United  States  in  entering  into  this  treaty  does  not  thereby  con- 


498  RECLAMATION     SERVICE     MANUAL. 

cede,  expressly  or  by  implication,  any  legal  basis  for  any  claims  heretofore 
asserted  or  which  may  be  hereafter  asserted  by  reason  of  any  losses  incurred 
by  the  owners  of  land  in  Mexico  due  or  alleged  to  be  due  to  the  diversion  of  the 
waters  of  the  Rio  Grande  within  the  United  States;  nor  does  the  United  States 
in  any  way  concede  the  establishment  of  any  general  principle  or  precedent  by 
the  concluding  of  this  treaty.  The  understanding  of  both  parties  is  that  the 
arrangement  contemplated  by  this  treaty  extends  only  to  the  portion  of  the  Rio 
Grande  which  forms  the  international  boundary  from  the  head  of  the  Mexican 
Canal  down  to  Fort  Quitman,  Tex.,  and  in  no  other  case. 

"ART.  VI.  The  present  convention  shall  be  ratified  by  both  contracting  parties 
in  accordance  with  their  constitutional  procedure,  and  the  ratifications  shall  be 
exchanged  at  Washington  as  soon  as  possible. 

"In  witness  whereof  the  respective  plenipotentiaries  have  signed  the  conven- 
tion, both  in  the  English  and  Spanish  languages,  and  have  thereunto  affixed 
their  seals. 

"Done  in  duplicate  at  the  city  of  Washington  this  21st  day  of  May,  1906. 

"ELIHU  ROOT.  [SEAL.] 

"JOAQUIN  D.  CASASUS."     [SEAL.] 

And  whereas  the  said  convention  has  been  duly  ratified  on  both  parts,  and  the 
ratifications  of  the  two  Governments  were  exchanged  in  the  city  of  Washington 
on  the  16th  day  of  January,  1907  : 

Now,  therefore,  be  it  known  that  I,  Theodore  Roosevelt,  President  of  the 
United  States  of  America,  have  caused  the  said  convention  to  be  made  public, 
to  the  end  that  the  same  and  every  article  and  clause  thereof  may  be  observed 
and  fulfilled  with  good  faith  by  the  United  States  and  the  citizens  thereof. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  caused  the  seal  of 
the  United  States  of  America  to  be  affixed. 

Done  at  the  city  of  Washington,  this  16th  day  of  January,  in  the  year  of  our 
Lord  1907,  and  of  the  independence  of  the  United  States  of  America  the  one 
hundred  and  thirty-first. 

[SEAL.]  THEODORE  ROOSEVELT. 

By  the  President: 
ELIHU  ROOT, 

Secretary  of  State. 
(34  Stat,  2953.) 

APPROPRIATION   FOR  RIO   GRANDE  DAM. 

A  provision  of  the  sundry  civil  appropration  act  for  the  fiscal 
year  ending  June  30,  1908,  reads  as  follows : 

Convention  with  Mexico :  Toward  the  construction  of  a  dam  for  storing  and 
delivering  sixty  thousand  acre-feet  of  water  annually,  in  the  bed  of  the  Rio 
Grande,  at  the  point  where  the  headworks  of  the  Acequia  Madre  now  exists, 
above  the  city  of  Jaurez,  Mexico,  as  provided  by  a  convention  between  the 
United  States  and  Mexico,  proclaimed  January  sixteenth,  nineteen  hundred  and 
seven,  one  million  dollars,  to  be  available  as  needed  and  to  be  expended  under 
the  direction  of  the  Secretary  of  the  Interior  in  connection  with  the  irrigation 
project  on  the  Rio  Grande:  Provided,  That  the  balance  of  the  cost  of  said  irri- 
gation project  over  and  above  the  amount  herein  appropriated  shall  be  allotted 
by  the  Secretary  of  the  Interior,  as  may  be  needed  and  as  may  be  available  from 
time  to  time,  from  the  reclamation  fund  and  collected  from  the  settlers  and 
owners  of  the  land  benefited  under  the  provisions  of  the  reclamation  act  ap- 
proved June  seventeenth,  nineteen  hundred  and  two,  and  acts  supplemental 
thereto  or  amendatory  thereof. 

Approved,  March  4,  1907.     (34  Stat,  1357.) 

EXTRACTS  FROM  ARIZONA  AND  NEW  MEXICO 
ENABLING  ACT. 

The  following  provisions  are  taken  from  the  New  Mexico  and 
Arizona  enabling  act  (36  Stat,  557-579),  approved  June  20,  1910: 


STATUTES.  499 

Seventh.  That  there  be  and  are  reserved  to  the  United  States, 
with  full  acquiescence  of  the  State  [that  is,  New  Mexico]  all  rights 
and  powers  for  the  carrying  out  of  the  provisions  by  the  United 
States  of  the  act  of  Congress  entitled  "An  act  appropriating  the 
receipts  from  the  sale  and  disposal  of  public  lands  in  certain  States 
and  Territories  to  the  construction  of  irrigation  works  for  the 
reclamation  of  arid  lands,"  approved  June  seventeenth,  nineteen 
hundred  and  two,  and  acts  amendatory  thereof  or  supplementary 
thereto,  to  the  same  extent  as  if  said  State  had  remained  a  Terri- 
tory. (36  Stat.,  559.) 

The  same  provision  as  to  Arizona  will  be  found  at  36  Statutes  at 
Large,  570. 

[Referring  to  New  Mexico:]  Lands  east  of  the  line  between 
ranges  eighteen  and  nineteen  east  of  the  New  Mexico  principal 
meridian  shall  not  be  sold  for  less  than  five  dollars  per  acre,  and 
lands  west  of  said  line  shall  not  be  sold  for  less  than  three  dollars 
per  acre,  and  no  lands  which  are  or  shall  be  susceptible  of  irrigation 
under  any  projects  now  or  hereafter  completed  or  adopted  by  the 
United  States  under  legislation  for  the  reclamation  of  lands,  or 
under  any  other  project  for  the  reclamation  of  lands,  shall  be  sold 
at  less  than  twenty-five  dollars  per  acre :  Provided,  That  said  State, 
at  the  request  of  the  Secretary  of  the  Interior,  shall  from  time  to 
time  relinquish  such  of  its  lands  to  the  United  States  as  at  any  time 
are  needed  for  irrigation  works  in  connection  with  any  such  Gov- 
ernment project;  and  other  lands  in  lieu  thereof  are  hereby  granted 
to  said  State,  to  be  selected  from  lands  of  the  character  named  and 
in  the  manner  prescribed  in  section  eleven  of  this  act.  (36  Stat., 
564.) 

[Referring  to  Arizona :]  No  lands  shall  be  sold  for  less  than  three 
dollars  per  acre,  and  no  lands  which  are  or  shall  be  susceptible  of 
irrigation  under  any  projects  now  or  hereafter  completed  or 
adopted  by  the  United  States  under  legislation  for  the  reclamation 
of  lands,  or  under  any  other  project  for  the  reclamation  of  lands, 
shall  be  sold  at  less  than  twenty-five  dollars  per  acre :  Provided, 
That  said  State,  at  the  request  of  the  Secretary  of  the  Interior,  shall 
from  time  to  time  relinquish  such  of  its  lands  to  the  United  States 
as  at  any  time  are  needed  for  irrigation  works  in  connection  with 
any  such  Government  project;  and  other  lands  in  lieu  thereof  are 
hereby  granted  to  said  States,  to  be  selected  from  lands  of  the  char- 
acter named  and  in  the  manner  prescribed  in  section  twenty- four 
of  this  act.  (36  Stat,  574-575.) 

WITHDRAWALS  FROM  INDIAN  RESERVATIONS. 

SEC.  13.  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
authorized,  in  his  discretion,  to  reserve  from  location,  entry,  sale, 
allotment,  or  other  appropriation  any  lands  within  any  Indian  reser- 


500  RECLAMATION     SERVICE     MANUAL 

vation,  valuable  for  power  or  reservoir  sites,  or  which  may  be 
necessary  for  use  in  connection  with  any  irrigation  project  hereto- 
fore or  hereafter  to  be  authorized  by  Congress :  Provided,  That  if 
no  irrigation  project  shall  be  authorized  prior  to  the  opening  of 
any  Indian  reservation  containing  such  power  or  reservoir  sites  the 
Secretary  of  the  Interior  may,  in  his  discretion,  reserve  such  sites 
pending  future  legislation  by  Congress  for  their  disposition,  and  he 
shall  report  to  Congress  all  reservations  made  in  conformity  with 
this  act. 

SEC.  14.  That  the  Secretary  of  the  Interior,  after  notice  and 
hearing,  is  hereby  authorized  to  cancel  trust  patents  issued  to  In- 
dian allottees  for  allotments  within  any  power  or  reservoir  site  and 
for  allotments  or  such  portioss  of  allotments  as  are  located  upon  or 
include  lands  set  aside,  reserved  or  required  within  any  Indian 
reservation  for  irrigation  purposes  under  authority  of  Congress: 
Provided,  That  any  Indian  allottee  whose  allotment  shall  be  so  can- 
celed shall  be  reimbursed  for  all  improvements  on  his  canceled  allot- 
ment, out  of  any  moneys  available  for  the  construction  of  the  irri- 
gation project  for  which  the  said  power  or  reservoir  site  may  be 
set  aside :  Provided  further,  That  any  Indian  allottee  whose  allot- 
ment, or  part  thereof,  is  so  canceled  shall  be  allotted  land  of  equal 
value  within  the  area  subject  to  irrigation  by  any  such  project. 

Approved,  June  25,  1910.     (36  Stat,  858.) 

EMPLOYMENT  OF  INDIAN  LABOR  ON   RECLAMA- 
TION PROJECTS. 

A  provision  of  the  Indian  appropriation  act  for  the  fiscal  year 
ending  June  30,  1908,  reads  as  follows : 

That  as  far  as  practicable  Indian  labor  shall  be  employed  and 
purchase  in  the  open  market  made  from  Indians,  under  the  direc- 
tion of  the  Secretary  of  the  Interior.  And  the  employment  of  such 
Indians  and  the  hiring  of  their  property,  in  connection  with  the  con- 
struction of  any  irrigation  project  under  the  Reclamation  Service, 
shall  be  exempt  from  the  provisions  of  sections  thirty-seven  hun- 
dred and  nine  and  thirty-seven  hundred  and  forty-four,  Revised 
Statutes. 

Approved,  March  1,  1907.     (34  Stat,  1015.) 

SALE  OF  LANDS  ALLOTTED  TO  INDIANS. 

A  provision  of  the  Indian  appropriation  act  for  the  fiscal  year 
ending  June  30,  1907,  reads  as  follows : 

That  any  Indian  allotted  lands  under  any  law  or  treaty  without 
the  power  of  alienation,  and  within  a  reclamation  project  ap- 
proved by  the  Secretary  of  the  Interior,  may  sell  and  convey  any 


STATUTES.  501 

part  thereof,  under  rules  and  regulations  prescribed  by  the  Secre- 
tary of  the  Interior,  but  such  conveyance  shall  be  subject  to  his  ap- 
proval, and  when  so  approved  shall  convey  full  title  to  the  pur- 
chaser the  same  as  if  final  patent  without  restrictions  had  been 
issued  to  the  allottee:  Provided,  That  the  consideration  shall  be 
placed  in  the  Treasury  of  the  United  States  and  used  by  the  Com- 
missioner of  Indian  Affairs  to  pay  the  construction  charges  that 
may  be  assessed  against  the  unsold  part  of  the  allotment,  and  to 
pay  the  maintenance  charges  thereon  during  the  trust  period,  and 
any  surplus  shall  be  a  benefit  running  with  the  water  right  to  be 
paid  to  the  holder  thereof. 

Approved,  June  21,  1906.     (34  Stat,  327.) 

CONVEYANCE  OF  LAND  BY  NON-COMPETENT 
INDIANS. 

A  provision  of  the  Indian  appropriation  act  for  the  fiscal  year 
ending  June  30,  1908,  reads  as  follows : 

That  any  non-competent  Indian  to  whom  a  patent  containing 
restrictions  against  alienation  has  been  issued  for  an  allotment  of 
land  in  severalty,  under  any  law  or  treaty,  or  who  may  have  an 
interest  in  any  allotment  by  inheritance,  may  sell  or  convey  all  or 
any  part  of  such  allotment  or  such  inherited  interest  on  such  terms 
and  conditions  and  under  such  rules  and  regulations  as  the  Secre- 
tary of  the  Interior  may  prescribe,  and  the  proceeds  derived  there- 
from shall  be  used  for  the  benefit  of  the  allottee  or  heir  so  dis- 
posing of  his  land  or  interest,  under  the  supervision  of  the  Com- 
missioner of  Indian  Affairs;  and  any  conveyance  made  hereunder 
and  approved  by  the  Secretary  of  the  Interior  shall  convey  full 
title  to  the  land  or  interest  so  sold,  the  same  as  if  fee-simple  patent 
had  been  issued  to  the  allottee. 

Approved,  March  1,  1907.     (34  Stat,  1018.) 

AN  ACT  To  authorize  the  Secretary  of  the  Interior  to  issue  patents  in  fee 
to  purchasers  of  Indian  lands  under  any  law  now  existing  or  hereafter 
enacted,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United.  States  of  America  in  Congress  assembled,  That  the  lands, 
or  any  part  thereof,  allotted  to  any  Indian,  or  any  inherited  interest 
therein,  which  can  be  sold  under  existing  law  by  authority  of  the 
Secretary  of  the  Interior,  except  the  lands  in  Oklahoma,  and  the 
States  of  Minnesota  and  South  Dakota  may  be  sold  on  the  peti- 
tion of  the  allottee,  or  his  heirs,  on  such  terms  and  conditions,  and 
under  such  regulations  as  the  Secretary  of  the  Interior  may  pre- 
scribe; and  the  lands  of  a  minor,  or  of  a  person  deemed  incompe- 
tent by  the  Secretary  of  the  Interior  to  petition  for  himself,  may 
be  sold  in  the  same  manner,  on  the  petition  of  the  natural  guardian 


502  RECLAMATION     SERVICE     MANUAL. 

in  the  case  of  infants,  and  in  the  case  of  Indians  deemed  incom- 
petent as  aforesaid,  and  of  orphans  without  a  natural  guardian,  on 
petition  of  a  person  designated  for  the  purpose  by  the  Secretary  of 
the  Interior.  That  when  any  Indian  who  has  heretofore  received, 
or  who  may  hereafter  receive,  an  allotment  of  land  dies  before  the 
expiration  of  the  trust  period,  the  Secretary  of  the  Interior  shall 
ascertain  the  legal  heirs  of  such  Indian,  and  if  satisfied  of  their 
ability  to  manage  their  own  affairs,  shall  cause  to  be  issued  in  their 
names  a  patent  in  fee  simple  for  said  lands;  but  if  he  finds  them 
incapable  of  managing  their  own  affairs,  the  land  may  be  sold  as 
hereinbefore  provided :  Provided,  That  the  proceeds  derived  from 
all  sales  hereunder  shall  be  used,  during  the  trust  period,  for  the 
benefit  of  the  allottee,  or  heir,  so  disposing  of  his  interest,  under  the 
supervision  of  the  Commissioner  of  Indian  Affairs :  And.,  provided 
further,  That  upon  the  approval  of  any  sale  hereunder  by  the  Sec- 
retary of  the  Interior,  he  shall  cause  a  patent  in  fee  to  issue  in  the 
name  of  the  purchaser  for  the  lands  so  sold :  And  provided  further, 
That  nothing  in  section  one  herein  contained  shall  apply  to  the 
States  of  Minnesota  and  South  Dakota. 

Approved,  May  29,  1908.    '(35  Stat.,  444.) 

IRRIGATION  OF  INDIAN  LANDS. 

A  provision  of  the  Indian  appropriation  act  for  the  fiscal  year 
ending  June  30,  1909,  reads  as  follows : 

That  in  carrying  out  any  irrigation  project  which  may  be  under- 
taken under  the  provisions  of  the  act  of  June  seventeenth,  nineteen 
hundred  and  two  (Thirty-second  Statutes,  page  three  hundred  and 
eighty-eight),  known  as  the  reclamation  act,  and  which  may  make 
possible,  and  provide  for,  in  connection  with  the  reclamation  of 
other  lands,  the  irrigation  of  all  or  any  part  of  the  irrigable  lands 
heretofore  included  in  allotments  made  to  Indians  under  the  fourth 
section  of  the  general  allotment  act,  the  Secretary  of  the  Interior 
be,  and  he  hereby  is,  authorized  to  make  such  arrangement  and 
agreement  in  reference  thereto  as  said  Secretary  deems  for  the  best 
interest  of  the  Indians :  Provided,  That  no  lien  or  charge  for  con- 
struction, operation,  or  maintenance  shall  thereby  be  created  against 
any  such  reserved  lands;  And  provided  further,  That  to  meet  the 
necessary  cost  of  carrying  out  this  legislation  the  Secretary  of  the 
interior  is  authorized  to  expend,  out  of  the  sum  appropriated  in 
this  act  for  irrigation,  an  amount  not  exceeding  thirteen  thousand 
dollars. 

Approved,  April  30,  1908.     (35  Stat,  85.) 

This  provision  is  repeated  (see  35  Stat.,  798)  in  the  Indian 
appropriation  act  for  the  fiscal  year  ending  June  30,  1910,  which 
act  also  contains  the  following  provision : 


STATUTES.  503 

That  the  Secretary  of  the  Interior  be,  and  he  hereby  is,  author- 
ized, under  the  direction  of  the  President,  to  allot  any  Indian  on 
the  public  domain  who  has  not  heretofore  received  an  allotment, 
in  such  areas  as  he  may  deem  proper,  not  to  exceed,  however,  eighty 
acres  of  agricultural  or  one  hundred  and  sixty  acres  of  grazing 
land  to  any  one  Indian,  such  allotment  to  be  made  and  patent  there- 
for issued  in  accordance  with  the  provisions  of  the  act  of  February 
eighth,  eighteen  hundred  and  eighty-seven  (Twenty- fourth  Stat- 
utes at  Large,  three  hundred  and  eighty-eight). 

Approved,  March  3,  1909.     (35  Stat,  782.) 

CO-OPERATION  WITH  INDIAN  SERVICE. 

From  the  Indian  Appropriation  Act  for  the  Fiscal  Year  ending 
June  30,  1913. 

*  *  *  *  *  *  * 

Provided  further,  That  *  *  *  nothing  herein  contained 
shall  be  construed  to  prevent  the  Bureau  of  Indian  Affairs  from 
having  the  benefit  of  consultation  with  engineers  in  other  branches 
of  the  public  service  or  carrying  out  existing  agreements  with  the 
Reclamation  Service;  *  *  *. 

Approved,  August  24,  1912.     (37  Stat,  518.) 

IRRIGATION  FOR  PIMA  INDIANS,  ARIZ. 

A  provision  of 'the  Indian  appropriation  act  for  the  fiscal  year 
ending  June  30,  1908,  reads  as  follows : 

That  the  Secretary  of  the  Interior  may,  in  his  discretion,  use 
such  part  of  the  three  hundred  thousand  dollars  heretofore  appro- 
priated for  an  irrigation  system  for  the  Pima  Indians  in  the  pay- 
ment of  such  Indians'  proportionate  part  of  the  construction  of  the 
Salt  River  project,  and  such  funds  may  be  transferred  to  the  recla- 
mation fund,  to  be  expended  by  that  service  in  accordance  with  its 
rules  and  regulations;  the  Indians  to  receive  a  credit  upon  the 
reclamation  charge  assessed  against  their  lands  under  the  Salt 
River  project  for  the  amount  so  transferred. 

Approved,  March  1,  1907.     (34  Stat.,  1022.) 

INDIAN  LANDS  ALONG  COLORADO  RIVER. 

A  provision  of  the  Indian  appropriation  act  for  the  fiscal  year 
ending  June  30,  1905,  reads  as  follows : 

"SEC.  25.  That  in  carrying  out  any  irrigation  enterprise  which 
may  be  undertaken  under  the  provisions  of  the  reclamation  act  of 
June  seventeenth,  nineteen  hundred  and  two,  and  which  may  make 
possible  and  provide  for,  in  connection  with  the  reclamation  of 
other  lands,  the  reclamation  of  all  or  any  portion  of  the  irrigable 


504  RECLAMATION     SERVICE     MANUAL. 

lands  on  the  Ymna  and  Colorado  River  Indian  Reservations  in 
California  and  Arizona,  the  Secretary  of  the  Interior  is  hereby  au- 
thorized to  divert  the  waters  of  the  Colorado  River  and  to  reclaim, 
utilize,  and  dispose  of  any  lands  in  said  reservations  which  may  be 
irrigable  by  such  works  in  like  manner  as  though  the  same  were  a 
part  of  the  public  domain :  Provided,  That  there  shall  be  reserved 
for  and  allotted  to  each  of  the  Indians  belonging  on  the  said  reser- 
vations five*  acres  of  the  irrigable  lands.  The  remainder  of  the 
lands  irrigable  in  said  reservations  shall  be  disposed  of  to  settlers 
under  the  provisions  of  the  reclamation  act :  Provided  further,  That 
there  shall  be  added  to  the  charges  required  to  be  paid  under  said 
act  by  settlers  upon  the  unallotted  Indian  lands  such  sum  per  acre 
as,  in  the  opinion  of  the  Secretary  of  the  Interior,  shall  fairly  rep- 
resent the  value  of  the  unallotted  lands  in  said  reservations  before 
reclamation ;  said  sum  to  be  paid  in  annual  installments  in  the  same 
manner  as  the  charges  under  the  reclamation  act.  Such  additional 
sum  per  acre  when  paid  shall  be  used  to  pay  into  the  reclamation 
fund  the  charges  for  the  reclamation  of  the  said  allotted  lands,  and 
the  remainder  thereof  shall  be  placed  to  the  credit  of  said  Indians 
and  shall  be  expended  from  time  to  time  under  the  direction  of  the 
Secretary  of  the  Interior  for  their  benefit." 
Approved,  April  21,  1904.  (33  Stat,  224.) 

PYRAMID  LAKE  INDIAN  RESERVATION,  NEV. 

A  provision  of  the  Indian  appropriation  act  'for  the  fiscal  year 
ending  June  30,  1905,  reads  as  follows : 

"SEC.  26.  That  in  carrying  out  any  irrigation  enterprise  which 
may  be  undertaken  under  the  provisions  of  the  reclamation  act  of 
June  seventeenth,  nineteen  hundred  and  twro,  and  which  may  make 
possible  and  provide  for,  in  connection  with  the  reclamation  of 
other  lands,  the  reclamation  of  all  or  any  portion  of  the  irrigable 
lands  on  the  Pyramid  Lake  Indian  Reservation,  Nevada,  the  Sec- 
retary of  the  Interior  is  hereby  authorized  to  reclaim,  utilize,  and 
dispose  of  any  lands  in  said  reservation  which  may  be  irrigable  by 
such  works  in  like  manner  as  though  the  same  were  a  part  of  the 
public  domain:  Provided,  That  there  shall  be  reserved  for  and 
allotted  to  each  of  the  Indians  belonging  on  the  said  reservation 
five  acres  of  the  irrigable  lands.  The  remainder  of  the  lands  irri- 
gable in  said  reservation  shall  be  disposed  of  to  settlers  under  the 
provisions  of  the  reclamation  act :  Provided  further,  That  there 
shall  be  added  to  the  charges  required  to  be  paid  under  said  act  by 
settlers  upon  the  unallotted  Indian  lands  such  sum  per  acre  as  in 
the  opinion  of  the  Secretary  of  the  Interior  shall  fairly  represent 
the  value  of  the  unallotted  lands  in  said  reservation  before  reclama- 

*  Areas  to  be  allotted  increased  to  ten  acres  for  each  Indian  by  act  of  March 
3,  1911.  (36  Stat.,  1053,  1063.) 


STATUTES.  505 

tion,  said  sum  to  be  paid  in  annual  installments  in  the  same  man- 
ner as  the  charges  under  the  reclamation  act.  Such  additional  sum 
per  acre,  when  paid,  shall  be  used  to  pay  into  the  reclamation  fund 
the  charges  for  the  reclamation  of  the  said  allotted  lands,  and  the 
remainder  thereof  shall  be  placed  to  the  credit  of  said  Indians  and 
shall  be  expended  from  time  to  time  under  the  direction  of  the  Sec- 
retary of  the  Interior  for  their  benefit." 

Approved,  April  21,  1904.     (33  Stat,  225.) 

CROW  INDIAN  RESERVATION,  MONT. 

Provisions  of  "An  act  to  ratify  and  amend  an  agreement  with 
the  Indians  of  the  Crow  Reservation,  in  Montana,  and  making  ap- 
propriation to  carry  the  same  into  effect,"  read  as  follows : 

That -in  consideration  of  the  land  ceded,  the  United  States  agrees 
"to  dispose  of  the  same  as  hereinafter  provided  under  the  provis- 
ions of  the  reclamation  act  approved  June  seventeenth,  nineteen 
hundred  and  two,  the  homestead,  town-site,  and  mineral-land  laws, 
except  sections  sixteen  and  thirty-six,  or  an  equivalent  of  two  sec- 
tions in  each  township,  at  not  less  than  four  dollars  per  acre,  sub- 
ject to  the  provisions  in  section  five.  *  *  * 

"SEC.  5.  That  before  any  of  the  lands  by  this  agreement  ceded 
are  opened  to  settlement  or  entry  the  Commissioner  of  Indian  Af- 
fairs shall  cause  the  allotments  to  be  made  and  the  schedule  to  be 
prepared,  as  provided  for  in  section  four  of  this  act,  and  a  dupli- 
cate of  said  schedule  shall  be  filed  with  the  Commissioner  of  the 
General  Land  Office.  Upon  the  completion  of  such  allotments  and 
the  filing  of  such  schedule  and  after  the  sale  or  removal  of  such  im- 
provements the  residue  of  such  ceded  lands,  except  sections  sixteen 
and  thirty-six,  or  lands  in  lieu  thereof,  which  shall  be  reserved  for 
common  school  purposes  and  are  hereby  granted  to  the  State  of 
Montana  for  such  purpose,  shall  be  subject  to  withdrawal  and  dis- 
position under  the  reclamation  act  of  June  seventeenth,  nineteen 
hundred  and  two,  so  far  as  feasible  irrigation  projects  may  be  found 
therein.  The  charges  provided  for  by  said  reclamation  act  shall 
be  in  addition  to  the  charge  of  four  dollars  per  acre  for  the  land, 
and  shall  be  paid  in  annual  installments  as  required  under  the  recla- 
mation act ;  and  the  amounts  to  be  paid  for  the  land  shall  be  credited 
to  the  funds  herein  established  for  the  benefit  of  the  Crow  Indians. 
If  any  lands  in  sections  sixteen  and  thirty-six  are  included  in  an 
irrigation  project  under  the  reclamation  act,  the  State  of  Montana 
may  select  in  lieu  thereof,  as  herein  provided,  other  lands  not  in- 
cluded in  any  such  project,  in  accordance  with  the  provisions  of 
existing  law  concerning  school  land  selections.  In  any  construc- 
tion work  upon  the  ceded  lands  performed  directly  by  the  United 
States  under  the  reclamation  act  preference  shall  be  given  to  the 


506  RECLAMATION     SERVICE     MANUAL. 

employment  of  Crow  Indians,  or  whites  intermarried  with  them, 
so  far  as  may  be  practicable." 

Approved,  April  27,  1904.     (33  Stat,  357  and  360.) 

A  provision  of  the  Indian  appropriation  act  for  the  fiscal  year 
ending  June  30,  1910,  reads  as  follows : 

That  any  of  the  lands  withdrawn  under  the  Reclamation  Act  in 
pursuance  of  the  provisions  of  section  five  of  the  act  of  Congress 
approved  April  twenty-seventh,  nineteen  hundred  and  four,  entitled 
'An  act  to  ratify  and  amend  an  agreement  with  the  Indians  of  the 
Crow  Reservation,  in  Montana,  and  making  appropriations  to  carry 
the  same  into  effect,'  which  are  not  disposed  of  within  five  years 
from  the  date  of  the  passage  of  said  act,  shall  remain  subject  to  dis- 
posal under  the  provisions  of  the  reclamation  act  until  otherwise 
directed  by  the  Secretary  of  the  Interior. 

Approved,  March  3,  1909.     (35  Stat.,  797.) 

BLACKFEET  INDIAN  RESERVATION,  MONT. 

A  provision  of  the  Indian  appropriation  act  for  the  fiscal  year 
ending  June  30,  1908,  reads  as  follows : 

That  if,  after  the  approval  of  the  classification  and  appraisement, 
as  provided  herein,  there  shall  be  found  lands  within  the  limits  of 
the  reservation  under  irrigation  projects  deemed  practicable  under 
the  provisions  of  the  act  of  Congress  approved  June  seventeenth, 
nineteen  hundred  and  two,  known  as  the  reclamation  act,  said  lands 
shall  be  subject  to  withdrawal  and  be  disposed  of  under  the  pro- 
visions of  said  act,  and  settlers  shall  pay,  in  addition  to  the  cost  of 
construction  and  maintenance  provided  therein,  the  appraised  value, 
as  provided  in  this  act,  to  the  proper  officers,  to  be  covered  into  the 
Treasury  of  the  United  States  to  the  credit  of  the  Indians:  Pro- 
vided, however,  That  all  lands  hereby  opened  to  settlement  remain- 
ing undisposed  of  at  the  end  of  five  years  from  the  taking  effect 
of  this  act  shall  be  sold  to  the  highest  bidder  for  cash,  at  not  less 
than  one  dollar  and  twenty-five  cents  per  acre,  under  rules  and 
regulations  prescribed  by  the  Secretary  of  the  Interior;  and  any 
lands  remaining  unsold  ten  years  after  said  lands  shall  have  been 
opened  to  entry  shall  be  sold  to  the  highest  bidder  for  cash  without 
regard  to  the  minimum  limit  above  stated :  Provided,  That  not  more 
than  six  hundred  and  forty  acres  of  land  shall  be  sold  to  any  one 
person  or  company. 

Approved,  March  1,  1907.      (34  Stat,  1037.) 

FORT  PECK  INDIAN  RESERVATION,  MONT. 

Sections  1  and  10  of  the  act  of  Congress  approved  May  30,  1908. 
entitled  "An  act  for  the  survey  and  allotment  of  lands  now  em- 


STATUTES.  507 

braced  within  the  limits  of  the  Fort  Peck  Indian  Reservation,  in 
the  State  of  Montana,  and  the  sale  and  disposal  of  all  the  surplus 
lands  after  allotment,"  reads  as  follows : 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  author- 
ized and  directed  to  cause  to  be  surveyed  all  the  lands  embraced 
within  the  limits  of  the  Fort  Peck  Indian  Reservation,  in  the  State 
of  Montana,  and  to  cause  an  examination  of  the  lands  within  such 
reservation  to  be  made  by  the  Reclamation  Service  and  by  experts 
of  the  Geological  Survey,  and  if  there  be  found  any  lands  which  it 
may  be  deemed  practicable  to  bring  under  an  irrigation  project,  or 
any  lands  bearing  lignite  coal,  the  Secretary  of  the  Interior  is 
hereby  authorized  to  construct  such  irrigation  projects  and  reserve 
such  lands  as  may  be  irrigable  therefrom,  or  necessary  for  irriga- 
tion works,  and  also  coal  lands  as  may  be  necessary  to  the  construc- 
tion and  maintenance  of  any  such  projects. 

SEC.  10.  That  if,  after  the  approval  of  the  classification  and  ap- 
praisement, as  provided  herein,  there  shall  be  found  lands  within 
the  limits  of  the  reservation  deemed  practicable  for  irrigation  pro- 
jects deemed  practicable  under  the  provisions  of  the  act  of  Congress 
approved  June  seventeenth,  nineteen  hundred  and  two,  known  as 
the  reclamation  act,  said  lands  shall  be  subject  to  withdrawal  and 
be  disposed  of  under  the  provisions  of  said  act,  and  settlers  shall 
pay,  in  addition  to  the  cost  of  construction  and  maintenance  pro- 
vided therein,  the  appraised  value  as  provided  in  this  act,  to  the 
proper  officers,  to  be  covered  into  the  Treasury  of  the  United  States 
to  the  credit  of  the  Indians. 

(35  Stat,  562.) 

ST.  MARY  AND  MILK  RIVERS,  MONTANA. 

[Treaty  between  the  United  States  and  Great  Britain  relating  to  boundary  waters  be- 
tween the  United  States  and  Canada.  Signed  at  Washington,  Jan.  11,  1909;  ratifica- 
tion advised  by  the  Senate,  March  3,  1909;  ratified  by  the  President  April  1,  1910; 
ratified  by  Great  Britain,  March  31,  1910;  ratifications  exchanged  at  Washington,  May 
5,  1910;  proclaimed,  May  13,  1910.] 

BY  THE 'PRESIDENT   OE  THE  UNITED   STATES  OE   AMERICA. 

A  PROCLAMATION. 
******* 

ARTICLE  VI.  The  high  contracting  parties  agree  that  the  St. 
Mary  and  Milk  Rivers  and  their  tributaries  (in  the  State  of  Mon- 
tana and  the  Provinces  of  Alberta  and  Saskatchewan)  are  to  be 
treated  as  one  stream  for  the  purposes  of  irrigation  and  power,  and 
the  waters  thereof  shall  be  apportioned  equally  between  the  two 
countries,  but  in  making  such  equal  apportionment  more  than  half 
may  be  taken  from  one  river  and  less  than  half  from  the  other  by 
either  country,  so  as  to  afford  a  more  beneficial  use  to  each.  It  is 
further  agreed  that  in  the  division  of  such  waters  during  the  irriga- 
tion season,  between  the  1st  of  April  and  31st  of  October,  inclusive, 


508  RECLAMATION     SERVICE     MANUAL. 

annually,  the  United  States  is  entitled  to  a  prior  appropriation  of 
500  cubic  feet  per  second  of  the  waters  of  the  Milk  River,  or  so 
much  of  such  amount  as  constitutes  three- fourths  of  its  natural 
flow,  and  that  Canada  is  entitled  to  a  prior  appropriation  of  500 
cubic  feet  per  second  of  the  flow  of  St.  Mary  River,  or  so  much  of 
such  amount  as  constitutes  three- fourths  of  its  natural  flow. 

The  channel  of  the  Milk  River  in  Canada  may  be  used  at  the 
convenience  of  the  United  States  for  the  conveyance,  while  pass- 
ing through  Canadian  territory,  of  waters  diverted  from  the  St. 
Mary  River.  The  provisions  of  Article  II  of  this  treaty  shall  ap- 
ply to  any  injury  resulting  to  property  in  Canada  from  the  convey- 
ance of  such  waters  through  the  Milk  River. 

The  measurement  and  apportionment  of  the  water  to  be  used  by 
each  country  shall  from  time  to  time  be  made  jointly  by  the  prop- 
erly constituted  reclamation  officers  of  the  United  States  and  the 
properly  constituted  irrigation  officers  of  His  Majesty,  under  the 
direction  of  the  International  Joint  Commission. 

(36  Stat,  2451.) 

FLATHEAD  INDIAN  RESERVATION. 

From  the  Indian  Appropriation  Act  for  the  fiscal  year  ending 
June  30,  1913. 

That  so  much  of  the  Act  of  Congress  approved  March  third,  nine- 
teen hundred  and  eleven  (Thirty-sixth  Statutes  at  Large,  page  one 
thousand  and  sixty-six),  which  provides  for  the  reservation  of  an 
easement  over  tracts  of  land  bordering  Flathead  Lake,  Montana, 
be,  and  the  same  hereby  is,  amended  to  read  as  follows :  "That  an 
easement  in,  to,  and  over  all  lands  bordering  on  or  adjacent  to 
Flathead  Lake,  Montana,  which  lie  below  an  elevation  of  nine  feet 
above  the  high- water  mark  of  said  lake  for  the  year  nineteen  hun- 
dred and  nine,  is  hereby  reserved  for  uses  and  purposes  connected 
with  storage  for  irrigation  or  development  of  water  power,  and  all 
patents  hereafter  issued  for  any  such  lands  shall  recite  such  reser- 
vation." 

Approved,  August  24,  1912.      (37  Stat.,  527.) 

UINTAH  INDIAN  RESERVATION,  UTAH. 

CHAP.  140. — AN  ACT  Making  appropriations  for  the  current  and  contingent 
expenses  of  the  Bureau  of  Indian  Affairs,  for  fulfilling  treaty  stipulations 
with  various  Indian  tribes,  and  for  other  purposes,  for  the  fiscal  year  ending 
June  thirtieth,  nineteen  hundred  and  eleven. 


That  the  Secretary  of  the  Interior  is  hereby  authorized  to  pay 
from  the  reclamation  fund  for  the  benefit  of  the  Uintah  Indians  the 
sum  of  one  dollar  and  twenty-five  cents  per  acre  for  the  lands  in  the 


STATUTES.  509 

former  Uintah  Indian  Reservation,  in  the  State  of  Utah,  which 
were  set  apart  by  the  President  for  reservoir  and  other  purposes 
under  the  provisions  of  the  Act  approved  March  third,  nineteen 
hundred  and  five,  chapter  fourteen  hundred  and  seventy-nine,  and 
which  were  by  the  Secretary  of  the  Interior  withdrawn  for  irriga- 
tion works  under  the  provisions  of  the  Reclamation  Act  of  June 
seventeenth,  nineteen  hundred  and  two,  in  connection  with  the  reser- 
voir for  the  Strawberry  Valley  project.  Such  payment  shall  be 
made  in  five  annual  installments,  and  the  moneys  paid  shall  be  sub- 
ject to  the  same  disposition  as  the  proceeds  of  the  sales  of  lands 
in  the  former  Indian  reservation.  All  such  payments  shall  be  in- 
cluded in  the  cost  of  construction  of  said  Strawberry  Valley  pro- 
ject to  be  reimbursed  by  the  owners  of  lands  irrigated  therefrom,  all 
receipts  from  said  lands,  as  rentals  or  otherwise,  being  credited  to 
the  said  owners.  All  right,  title,  and  interest  of  the  Indians  in  the 
said  lands  are  hereby  extinguished,  and  the  title,  management  and 
control  thereof  shall  pass  to  the  owners  of  the  lands  irrigated  from 
said  project  whenever  the  management  and  operation  of  the  irriga- 
tion works  shall  so  pass  under  the  terms  of  the  Reclamation  Act. 
Approved,  April  4,  1910.  (36  Stat,  285.) 

YAKIMA  INDIAN  RESERVATION,  WASH. 

AN  ACT  Authorizing  the  disposition  of  surplus  and  allotted  lands  on  the 
Yakima  Indian  Reservation  in  the  State  of  Washington,  which  can  be  irri- 
gated under  the  act  of  Congress  approved  June  seventeenth,  nineteen  hundred 
and  two,  known  as  the  reclamation  act,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  if  within 
the  limits  of  the  Yakima  Indian  Reservation,  in  the  State  of  Wash- 
ington, as  described  in  the  act  approved  December  twenty-first, 
nineteen  hundred  and  four,  entitled  "An  act  to  authorize  the  sale 
and  disposition  of  surplus  or  unallotted  lands  of  the  Yakima  Indian 
Reservation,  in  the  State  of  Washington,"  there  shall  be  found 
surplus  or  unallotted  lands  under  irrigation  projects  deemed  prac- 
ticable and  undertaken  under  the  provisions  of  the  act  of  Congress 
approved  June  seventeenth,  nineteen  hundred  and  two,  known  as 
the  reclamation  act,  the  Secretary  of  the  Interior  is  hereby  author- 
ized to  exclude  from  the  provisions  of  said  act  of  December  twen- 
ty-first, nineteen  hundred  and  four,  such  surplus  or  unallotted  lands 
which  can  be  irrigated  under  such  projects  and  to  dispose  of  the 
same  in  the  manner  hereinafter  provided,  and  he  is  further  author- 
ized to  make  withdrawals  of  such  lands  for  the  purposes  provided 
in  said  reclamation  act. 

SEC.  2.  That  the  irrigable  surplus  and  unallotted  lands  in  any 
such  project  shall  be  subject  to  homestead  entry  under  all  the  pro- 
visions of  the  reclamation  act  at  such  time  as  may  be  fixed  by  the 


510  RECLAMATION     SERVICE     MANUAL. 

Secretary  of  the  Interior  and  at  a  price  determined  by  appraisal, 
as  provided  in  said  act  of  December  twenty-first,  nineteen  hundred 
and  four.  Payments  for  the  land  shall  be  made  in  annual  install- 
ments, the  number  and  time  of  beginning  being  fixed  by  the  Secre- 
tary of  the  Interior,  and  shall  be  deposited  in  the  Treasury  of  the 
United  States  and  credited  to  the  Yakima  Indian  fund,  and  dis- 
posed of  as  provided  by  section  four  of  the  said  act  of  December 
twenty-first,  nineteen  hundred  and  four.  Such  payments  shall  be 
in  addition  to  the  charges  for  construction  and  maintenance  of  the 
irrigation  system  made  payable  into  the  reclamation  fund  by  the 
provisions  of  the  reclamation  act.  In  case  of  failure  to  make  any 
payment  for  such  lands  when  due  the  Secretary  of  the  Interior 
shall  have  power  to  cancel  the  entry  and  the  corresponding  water 
right  and  declare  forfeited  to  the  said  Yakima  Indian  fund  and  the 
reclamation  fund,  respectively,  the  amounts  paid  on  such  entry  and 
water  right.  The  lands  embraced  within  such  canceled  entry  shall 
be  subject  to  further  entry  under  the  reclamation  act  at  the  ap- 
praised value  until  otherwise  directed  by  the  President,  who  may 
by  proclamation,  as  provided  by  said  act  of  December  twenty-first, 
nineteen  hundred  and  four,  from  time  to  time,  fix  such  price  as  he 
may  deem  most  advantageous  upon  all  lands  within  such  projects 
not  disposed  of. 

SEC.  3.  That  if  any  lands  heretofore  allotted  or  patented  to  In- 
dians on  said  Yakima  Indian  Reservation  shall  be  found  irrigable 
under  any  project,  the  Secretary  of  the  Interior  is  hereby  author- 
ized, upon  the  request  or  with  the  consent  of  such  allottee  or  pat- 
entee, to  dispose  of  all  land  in  excess  of  twenty  acres  in  each  case, 
in  tracts  of  an  area  approved  by  him  and  subject  to  all  the  pro- 
visions of  the  reclamation  act  to  any  person  qualified  to  acquire 
water  rights  under  the  provisions  of  the  reclamation  act  at  a  price 
satisfactory  to  the  allottee  or  patentee  and  approved  by  the  Secre- 
tary of  the  Interior,  or  at  public  sale  to  the  highest  bidder.  The 
payments  shall  be  made  in  annual  installments,  the  number  and 
terms  being  approved  by  the  Secretary  of  the  Interior.  Such  pay- 
ments shall  be  in  addition  to  the  charges  for  construction  and  main- 
tenance of  the  irrigation  system  made  payable  into  the  reclamation 
fund  by  the  provisions  of  the  reclamation  act.  In  case  of  failure 
to  make  any  payment  for  such  lands  when  due,  or  the  charges  un- 
der the  reclamation  act,  the  Secretary  of  the  Interior  shall  have 
power  to  cancel  the  entry  and  the  corresponding  water  right  and 
again  dispose  of  the  land  in  the  manner  hereinbefore  provided. 

SEC.  4.  That  from  the  payments  received  from  the  sale  of  such 
individual  Indian  lands  there  shall  be  covered  into  the  reclamation 
fund  the  amounts  fixed  by  the  Secretary  of  the  Interior  as  annual 
charges  on  account  of  the  land  retained  by  such  Indian  for  the  con- 
struction and  maintenance  of  the  irrigation  system,  as  required 
under  the  reclamation  act.  The  balance,  if  any,  shall  be  deposited 


STATUTES.  511 

in  the  Treasury  of  the  United  States  to  the  credit  of  the  individual 
Indians,  and  may  be  paid  to  any  of  them  if,  in  the  opinion  of  the 
Secretary  of  the  Interior,  such  payments  will  tend  to  improve  the 
condition  and  advance  the  progress  of  said  Indians,  but  not  other- 
wise. 

SEC.  5.  That  the  Secretary  of  the  Interior  is  hereby  authorized 
to  cover  into  the  reclamation  fund  from  the  money  of  any  such 
Indian,  either  from  his  individual  credit  or  from  the  general  Yaki- 
ma  Indian  fund,  for  the  payment  of  charges  for  construc- 
tion and  maintenance,  for  the  water  rights  appurtenant  to  the 
land  retained  by  him,  or  for  the  annual  maintenance  charges  payable 
on  account  of  such  water  rights  after  the  construction  charge  there- 
on has  been  paid  in  full.  After  unconditional  title  in  fee  has 
passed  from  the  United  States  for  any  lands  retained  by  such  In- 
dians, the  water  for  irrigating  such  lands  shall  be  furnished  under 
the  same  conditions  in  all  respects  as  for  other  lands  under  the 
project:  Provided,  That  any  Indian  taking  advantage  of  this  act 
shall  have  a  perpetual  water  right  so  long  as  the  maintenance 
charges  are  paid  whether  he  uses  the  water  or  not,  and  the  Secre- 
tary of  the  Interior  is  hereby  authorized  to  use  the  funds  of  the 
tribe  to  pay  such  maintenance  charges,  which  in  his  discretion  it  is 
necessary  to  preserve  said  water  right :  Provided,  further,  That  he 
may,  in  his  discretion,  use  said  funds  to  pay  for  water  rights  and 
the  maintenance  charges  on  twenty  acres  of  any  Indian  allotment 
if  the  sum  obtained  from  the  sale  of  the  allotee's  land  in  excess 
of  twenty  acres  and  his  interest  in  the  tribal  funds  be  insufficient 
for  those  purposes. 

SEC.  6.  That  the  Secretary  of  the  Interior  shall  be  authorized, 
upon  compliance  with  the  provisions  of  this  act  and  of  the  reclama- 
tion act  by  any  party  having  purchased  such  allotted  or  patented 
lands  as  herein  provided,  to  issue  patent  passing  unconditional  title 
in  fee  by  the  United  States  as  trustee  for  the  allottee  or  patentee, 
and  shall  cancel  any  allotment  as  to  the  lands  disposed  of  under  this 
act. 

SEC.  7.  That  the  irrigation  works  heretofore  constructed 
for  the  Yakima  Indian  Reservation  may  be,  at  a  cost  to  be  deter- 
mined by  the  Secretary  of  the  Interior,  included  in  any  project  de- 
veloped under  the  provisions  of  the  reclamation  act  and  of  this 
act,  and  become  a  part  of  said  project  for  all  purposes  of  the  recla- 
mation act,  and  the  cost  of  same  shall  be  included  in  the  cost  of 
such  project  and  be  paid  into  the  Yakima  Indian  fund  out  of  the 
proceeds  arising  from  the  sale  of  water  rights,  from  time  to  time, 
as  payments  on  account  thereof  are  received.  The  provisions  of 
this  act  shall  be  construed  as  superseding  or  amending  any  pro- 
visions of  the  said  act  of  December  twenty-first,  nineteen  hundred 
and  four,  so  far  as  any  conflict  may  appear. 

SEC.  8.  That  the  Secretary  of  the  Interior  is  hereby  authorized 


*. 

512  RECLAMATION     SERVICE     MANUAL. 

to  perform  any  and  all  acts  and  to  make  such  rules  and  regulations 
as  may  be  necessary  and  proper  for  the  purpose  of  carrying  the 
provisions  of  this  act  into  full  force  and  effect. 
Approved,  March  6,  1906.      (34  Stat,  53.) 

COLVILLE  INDIAN  RESERVATION,  WASH. 

Section  12  of  the  act  of  Congress  approved  March  22,  1906,  en- 
titled "An  act  to  authorize  the  sale  and  disposition  of  surplus  or  un- 
allotted lands  of  the  diminished  Colville  Indian  Reservation,  in  the 
State  of  Washington,  and  for  other  purposes,"  reads  as  follows : 

"That  if  any  of  the  lands  of  said  diminished  Colville  Indian 
Reservation  can  be  included  in  any  feasible  irrigation  project  under 
the  reclamation  act  of  June  seventeenth,  nineteen  hundred  and  two, 
the  Secretary  of  the  Interior  is  authorized  to  withhold  said  lands 
from  disposition  under  this  act  and  to  dispose  of  them  under  the 
said  reclamation  act,  and  the  charges  provided  for  by  said  reclama- 
tion act  shall  be  in  addition  to  the  appraised  value  of  said  lands 
fixed  as  hereinbefore  provided  and  shall  be  paid  in  annual  install- 
ments as  required  under  the  said  reclamation  act,  and  the  amounts 
to  be  paid  for  the  land,  according  to  appraisement,  shall  be  credited 
to  the  fund  herein  established  for  the  benefit  of  the  Colville  Indians. 

(34  Stat.,  82.) 

CO-OPERATION  WITH  BUREAU  OF  PLANT 
INDUSTRY. 

AN  ACT  Making  appropriations  for  the  Department  of   Agriculture   for  the 
fiscal  year  ending  June  30,  1913. 


For  investigations  in  connection  with  western  irrigation  agricul- 
ture, the  utilization  of  lands  reclaimed  under  the  Reclamation  Act, 
and  other  areas  in  the  arid  and  semi-arid  regions,  sixty-nine  thou- 
sand six  hundred  dollars. 

Approved,  Aug.  10,  1912.     (37  Stat.,  277.) 

PUBLIC  ACCOUNTS  TO  BE  SETTLED  IN    THE  DE- 
PARTMENT OF  THE  TREASURY. 

All  claims  and  demands  whatever  by  the  United  States  or 
against  them,  and  all  accounts  whatever  in  which  the  United  States 
are  concerned,  either  as  debtors  or  as  creditors,  shall  be  settled 
and  adjusted  in  the  Department  of  the  Treasury. 

Sec.  236,  U.  S.  Rev.  Stat. 


STATUTES.  513 

SUITS  OF  UNITED  STATES  AGAINST  INDIVIDUALS, 
WHAT  CREDITS  ALLOWED. 

In  suits  brought  by  the  United  States  against  individuals,  no 
claim  for  a  credit  shall  be  admitted,  upon  trial,  except  such  as  ap- 
pear to  have  been  presented  to  the  accounting  officers  of  the  Treas- 
ury for  their  examination,  and  to  have  been  by  them  disallowed,  in 
whole  or  in  part,  unless  it  is  proved  to  the  satisfaction  of  the  court 
that  the  defendant  is,  at  the  time  of  the  trial,  in  possession  of 
vouchers  not  before  in  his  power  to  procure,  and  that  he  was  pre- 
vented from  exhibiting  a  claim  for  such  credit  at  the  Treasury  by 
absence  from  the  United  States  or  by  some  unavoidable  accident. 

Sec.  951,  U.  S.  Rev.  Stat. 

EXPENSES  OF  CLERKS,  ETC.,  OF  UNITED  STATES 
SENT  AWAY  AS  WITNESSES,  PAID. 

When  any  clerk  or  other  officer  of  the  United  States  is  sent  away 
from  his  place  of  business  as  a  witness  for  the  Government,  his 
necessary  expenses,  stated  in  items  and  sworn  to,  in  going,  return- 
ing, and  attendance  on  the  court,  shall  be  audited  and  paid;  but  no 
mileage  or  other  compensation  in  addition  to  his  salary,  shall  in 
any  case  be  allowed. 

Sec.  850,  U.  S.  Rev.  Stat. 

CERTAIN  OFFICERS  AUTHORIZED  TO  ADMINISTER 
OATHS  TO  TRAVEL  VOUCHERS,  ETC. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government 
for  the  fiscal  year  ending  June  30,  1913,  and  for  other  purposes. 

SKC.  8.  After  June  thirtieth,  nineteen  hundred  and  twelve,  post- 
masters, assistant  postmasters,  collectors  of  customs,  collectors  of 
internal  revenue,  chief  clerks  of  the  various  executive  departments 
and  bureaus,  or  clerks  designated  by  them  for  the  purpose,  the  su- 
perintendent, the  acting  superintendent,  custodian,  and  principal 
clerks  of  the  various  national  parks  and  other  Government  reserva- 
tions, superintendent,  acting  superintendents,  and  principal  clerks 
of  the  different  Indian  superintenclencies  or  Indian  agencies,  and 
chiefs  of  field  parties,  are  required,  empowered,  and  authorized, 
when  requested,  to  administer  oaths,  required  by  law  or  otherwise, 
to  accounts  for  travel  or  other  expenses  against  the  United  States, 
with  like  force  and  effect  as  officers  having  a  seal ;  for  such  services 
when  so  rendered,  or  when  rendered  on  demand  after  said  date  by 
notaries  public,  who  at  the  time  are  also  salaried  officers  or  em- 
ployees of  the  United  States,  no  charge  shall  be  made;  and  on  and 
after  July  first,  nineteen  hundred  and  twelve,  no  fee  or  money  paid 


514  RECLAMATION     SERVICE     MANUAL. 

for  the  services  herein  described  shall  be  paid  or  reimbursed  by  the 
United  States. 

Approved  August  24,  1912.     (37  Stat,  487.) 

EXTRA  ALLOWANCE  TO  EMPLOYEES  OF  THE 
GOVERNMENT. 

No  officer  in  any  branch  of  the  public  service,  or  any  other  per- 
son whose  salary,  pay,  or  emoluments  are  fixed  by  law  or  regula- 
tions, shall  receive  any  additional  pay,  extra  allowance,  or  com- 
pensation, in  any  form  whatever,  for  the  disbursement  of  public 
money,  or  for  any  other  service  or  duty  whatsoever,  unless  the  same 
is  authorized  by  law,  and  the  appropriation  therefor  explicitly  states 
that  it  is  for  such  additional  pay,  extra  allowance,  or  compensation. 

Sec.  1765,  U.  S.  Rev.  Stat. 

EXTRA  COMPENSATION  OR  PERQUISITES. 

That  no  civil  officer  of  the  Government  shall  hereafter  receive 
any  compensation  or  perquisites,  directly  or  indirectly  from  the 
Treasury  or  property  of  the  United  States  beyond  his  salary  or 
compensation  allowed  by  law :  Provided,  That  this  shall  not  be  con- 
strued to  prevent  the  employment  and  payment  by  the  Department 
of  Justice  of  district  attorneys,  as  now  allowed  by  law  for  the  per- 
formance of  services  not  covered  by  their  salaries  or  fees. 

Approved,  June  20,  1874.      (18  Stat.,  109.) 

ACTUAL  TRAVELING  EXPENSES  ONLY  TO  BE 
ALLOWED. 

*  *  *  That  hereafter  only  actual  traveling  expenses  shall 
be  allowed  to  any  person  holding  employment  or  appointment  under 
the  United  States,  except  marshals,  district  attorneys,  and  clerks  of 
the  courts  of  the  United  States  and  their  deputies;  and  all  allow- 
ances for  mileages  and  transportation  in  excess  of  the  amount 
actually  paid,  except  as  above  excepted,  are  hereby  declared  illegal ; 
and  no  credit  shall  be  allowed  to  any  of  the  disbursing  officers  of 
the  United  States  for  payment  or  allowances  in  violation  of  this 
provision.  *  *  * 

Approved,  March  3,  1875.      (18  Stat.,  452.) 

ASSIGNMENTS  OF  CLAIMS. 

All  transfers  and  assignments  made  of  any  claim  upon  the  United 
States,  or  of  any  part  or  share  thereof,  or  interest  therein,  whether 


STATUTES.  515 

absolute  or  conditional,  and  whatever  may  be  the  consideration 
therefor,  and  all  powers  of  attorney,  orders  or  other  authorities 
for  receiving  payment  of  any  such  claim,  or  of  any  part  or  share 
thereof,  shall  be  absolutely  null  and  void,  unless  they  are  freely 
made  and  executed  in  the  presence  of  at  least  two  attesting  wit- 
nesses, after  the  allowance  of  such  a  claim,  the  ascertainment  of 
the  amount  due,  and  the  issuing  of  a  warrant  for  the  payment 
thereof.  Such  transfers,  assignments  and  powers  of  attorney, 
must  recite  the  warrant  for  payment,  and  must  be  acknowledged 
by  the  person  making  them,  before  an  officer  having  authority  to 
take  acknowledgments  of  deeds,  and  shall  be  certified  by  the  officer; 
and  it  must  appear  by  the  certificate  that  the  officer,  at  the  time  of 
the  acknowledgment,  read  and  fully  explained  the  transfer,  assign- 
ment, or  warrant  of  attorney  to  the  person  acknowledging  the  same. 
Sec.  3477,  U.  S.  Rev.  Stat. 

MONEYS  TO  BE  DEPOSITED  WITHOUT  DEDUCTION. 

The  gross  amount  of  all  moneys  received,  from  whatever  source 
for  the  use  of  the  United  States,  except  as  otherwise  provided  in 
the  next  section,  shall  be  paid  by  the  officer  or  agent  receiving  the 
same  into  the  Treasury,  at  as  early  a  day  as  practicable,  without 
any  abatement  or  deduction  on  account  of  salary,  fees,  costs, 
charges,  expenses,  or  claim  of  any  description  whatever.  But  noth- 
ing herein  shall  affect  any  provision  relating  to  the  revenues  of  the 
Post-Office  Department. 

Sec.  3617,  U.  S.  Rev.  Stat. 

ADVANCES  OF  PUBLIC  MONEYS  PROHIBITED. 

No  advance  of  public  money  shall  be  made  in  any  case  whatever, 
and  in  all  cases  of  contracts  for  the  performance  of  any  service, 
or  the  delivery  of  articles  of  any  description,  for  the  use  of  the 
United  States,  payment  shall  not  exceed  the  value  of  the  service 
rendered,  or  of  the  articles  delivered  previously  to  such  payment. 
It  shall,  however,  be  lawful,  under  the  special  direction  of  the 
President,  to  make  such  advances  to  the  disbursing  officers  of  the 
Government  as  may  be  necessary  to  the  faithful  and  prompt  dis- 
charge of  their  respective  duties,  and  to  the  fulfillment  of  the  pub- 
lic engagements.  The  President  may  also  direct  such  advances 
as  he  may  deem  necessary  and  proper,  to  persons  m  the  military 
and  naval  service  employed  on  distant  stations,  where  the  dis- 
charge of  the  pay  and  emoluments  to  which  they  may  be  entitled 
cannot  be  regularly  effected. 

Sec.  3648,  U.  S.  Rev.  Stat. 


516  RECLAMATION     SERVICE     MANUAL. 

DUTIES  AND  OTHER  DEBTS  TO  THE  UNITED 
STATES,  IN  WHAT  CURRENCY  TO  BE  PAID. 

SEC.  3473,  R.  S,  All  duties  on  imports  shall  be  paid  in  gold  and 
silver  coin  only,  coin  certificates  or  in  demand  Treasury  notes,  is- 
sued under  the  authority  of  the  acts  of  July  seventeenth,  eighteen 
hundred  and  sixty-one,  chapter  five;  and  February  twelve,  eighteen 
hundred  and  sixty-two,  chapter  twenty;  and  all  taxes  and  all  other 
debts  and  demands  than  duties  on  imports,  accruing  or  becoming 
due  to  the  United  States,  shall  be  paid  in  gold  and  silver  coin,  Treas- 
ury notes,  United  States  notes,  or  notes  of  national  banks. 

DECISIONS  OF  COMPTROLLER. 

Section  8  of  Act  of  July  31,  1894  (28  Stat,  162-211),  provides 
as  follows: 

The  balances  which  may  from  time  to  time  be  certified  by  the 
Auditors  to  the  Division  of  Bookkeeping  and  Warrants,  or  to  the 
Postmaster-General,  upon  the  settlement  of  public  accounts,  shall 
be  final  and  conclusive  upon  the  Executive  branch  of  the  Govern- 
ment, except  that  any  person  whose  accounts  may  have  been  set- 
tled, the  head  of  the  Executive  Department,  or  of  the  board,  com- 
mission, or  establishment  not  under  the  jurisdiction  of  an  Execu- 
tive Department,  to  which  the  account  pertains,  or  the  Comptroller 
of  the  Treasury,  may,  within  a  year,  obtain  a  revision  of  the 
said  account  by  the  Comptroller  of  the  Treasury,  whose  decision 
upon  such  revision  shall  be  final  and  conclusive  upon  the  Executive 
branch  of  the  Government.  (28  Stat,  207).  *  *  * 

Any  person  accepting  payment  under  a  settlement  by  an  Auditor 
shall  be  thereby  precluded  from  obtaining  a  revision  of  such  set- 
tlement as  to  any  items  upon  which  payment  is  accepted ;  but  noth- 
ing in  this  Act  shall  prevent  an  Auditor  from  suspending  items  in 
an  account  in  order  to  obtain  further  evidence  or  explanations  neces- 
sary to  their  settlement.  When  suspended  "items  are  finally  settled 
a  revision  may  be  had  as  in  the  case  of  the  original  settlement. 
Action  upon  any  account  or  business  shall  not  be  delayed  awaiting 
applications  for  revision.  *  *  * 

All  decisions  by  Auditors  making  an  original  construction  or 
modifying  an  existing  construction  of  statutes  shall  be  forthwith 
reported  to  the  Comptroller  of  the  Treasury,  and  items  in  any  ac- 
count affected  by  such  decisions  shall  be  suspended  and  payment 
thereof  withheld  until  the  Comptroller  of  the  Treasury  shall  ap- 
prove, disapprove,  or  modify  such  decisions  and  certify  his  actions 
to  the  Auditor.  *  *  * 

Disbursing  officers,  or  the  head  of  any  Executive  Department,  or 
other  establishment  not  under  any  of  the  Executive  Departments, 
may  apply  for  and  the  Comptroller  of  the  Treasury  shall  render 


STATUTES.  517 

his  decision  upon  any  question  involving  a  payment  to  be  made  by 
them  or  under  them,  which  decision,  when  rendered,  shall  govern 
the  Auditor  and  the  Comptroller  of  the  Treasury  in  passing  upon 
the  account  containing  said  disbursement.  (28  Stat,  208.) 

EXPENDITURE  IN  EXCESS  OF  APPROPRIATIONS. 

That  section  thirty-six  hundred  and  seventy-nine  of  the  Revised 
Statutes  of  the  United  States,  as  amended  by  section  four  of  the 
deficiency  appropriation  act  approved  March  third,  nineteen  hun- 
dred and  five,  is  hereby  further  amended  to  read  as  follows : 

"SEC.  3679.  No  Executive  Department  or  other  Government  es- 
tablishment of  the  United  States  shall  expend,  in  any  one  fiscal 
year,  any  sum  in  excess  of  appropriations  made  by  Congress  for 
that  fiscal  year,  or  involve  the  Government  in  any  contract  or  other 
obligation  for  the  future  payment  of  money  in  excess  of  such  ap- 
propriations unless  such  contract  or  obligation  is  authorized  by  law. 
Nor  shall  any  Department  or  any  officer  of  the  Government  accept 
voluntary  service  for  the  Government  or  employ  personal  service 
in  excess  of  that  authorized  by  law,  except  in  cases  of  sudden 
emergency  involving  the  loss  of  human  life  or  the  destruction  of 
property.  All  appropriations  made  for  contingent  expenses  or 
other  general  purposes,  except  appropriations  made  in  fulfillment 
of  contract  obligations  expressly  authorized  by  law,  or  for  objects 
required  or  authorized  by  law  without  reference  to  the  amounts 
annually  appropriated  therefor,  shall,  on  or  before  the  beginning 
of  each  fiscal  year,  be  so  apportioned  by  monthly  or  other  allot- 
ments as  to  prevent  expenditures  in  one  portion  of  the  year  which 
may  necessitate  deficiency  or  additional  appropriations  to  com- 
plete the  service  of  the  fiscal  year  for  which  said  appropriations  are 
made;  and  all  such  apportionments  shall  be  adhered  to  and  shall 
not  be  waived  or  modified  except  upon  the  happening  of  some 
extraordinary  emergency  or  unusual  circumstance  which  could  not 
be  anticipated  at  the  time  of  making  such  apportionment,  but  this 
provision  shall  not  apply  to  the  contingent  appropriations  of  the 
Senate  or  House  of  Representatives;  and  in  case  said  apportion- 
ments are  waived  or  modified  as  herein  provided,  the  same  shall  be 
waived  or  modified  in  writing  by  the  head  of  such  Executive  De- 
partment or  other  Government  establishment  having  control  of  the 
expenditure,  and  the  reasons  therefor  shall  be  fully  set  forth  in 
each  particular  case  and  communicated  to  Congress  in  connection 
with  estimates  for  any  additional  appropriations  required  on  ac- 
count thereof.  Any  person  violating  any  provision  of  this  section 
shall  be  summarily  removed  from  office  and  may  also  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars  or  by  imprisonment 
for  not  less  than  one  month." 

Act  Feb.  27,  1906,  Sec.  3.     (34  Stat,  48.) 


518  RECLAMATION     SERVICE     MANUAL. 

SALARIES  OF  GOVERNMENT  EMPLOYEES. 

SEC.  6.  Hereafter,  where  the  compensation  of  any  person  in  the 
service  of  the  United  States  is  annual  or  monthly  the  following 
rules  for  division  of  time  and  computation  of  pay  for  services 
rendered  are  hereby  established :  Annual  compensation  shall  bt 
divided  into  twelve  equal  installments,  one  of  which  shall  be  the 
pay  for  each  calendar  month;  and  in  making  payments  for  a  frac- 
tional part  of  a  month  one-thirtieth  of  one  of  such  installments, 
or  of  a  monthly  compensation,  shall  be  the  daily  rate  of  pay.  For 
the  purpose  of  computing  such  compensation  and  for  computing 
time  for  services  rendered  during  a  fractional  part  of  a  month  in 
connection  with  annual  or  monthly  compensation,  each  and  every 
month  shall  be  held  to  consist  of  thirty  days,  without  regard  to  the 
actual  number  of  days  in  any  calendar  month,  thus  excluding  the 
thirty-first  of  any  calendar  month  from  the  computation  and  treat- 
ing February  as  if  it  actually  had  thirty  days.  Any  person  enter- 
ing the  service  of  the  United  States  during  a  thirty-one  day  month 
and  serving  until  the  end  thereof  shall  be  entitled  to  pay  for  that 
month  from  the  date  of  entry  to  the  thirtieth  day  of  said  month, 
both  days  inclusive;  and  any  person  entering  said  service  during 
the  month  of  February  and  serving  until  the  end  thereof  shall  be 
entitled  to  one  month's  pay,  less  as  many  thirtieths  thereof  as  there 
were  days  elapsed  prior  to  date  of  entry:  Provided,  That  for  one 
day's  unauthorized  absence  on  the  thirty-first  day  of  any  calendar 
month  one  day's  pay  shall  be  forfeited. 

Approved,  June  30,  1906.      (34  Star..,  763.) 

ASSOCIATION  FEES  AND  TRANSFER  OF  PROPERTY. 

SEC.  8.  No  money  appropriated  by  this  or  any  other  Act  shall 
be  expended  for  membership  fees  or  dues  of  any  officer  or  em- 
ployee of  the  United  States  or  of  the  District  of  Columbia  in  any 
society  or  association  or  for  expenses  of  attendance  of  any  person 
at  any  meeting  or  convention  of  members  of  any  society  or  asso- 
ciation, unless  such  fees,  dues,  or  expenses  are  authorized  to  be 
paid  by  specific  appropriations  for  such  purposes  or  are  provided 
for  in  express  terms  in  some  general  appropriation. 

SEC.  11.  Hereafter  the  Superintendent  of  the  Capitol  Building 
and  Grounds  may  transfer  apparatus,  appliances,  equipments,  and 
supplies  of  any  kind,  discontinued  or  permanently  out  of  service, 
to  such  other  branches  of  the  service  of  the  United  States,  or  Dis- 
trict of  Columbia,  whenever,  with  the  approval  of  the  Secretary 
of  the  Interior,  in  his  judgment  the  interests  of  the  Government 
service  may  require  it.  A  detailed  statement  of  all  such  transfers 
shall  be  submitted  in  the  annual  report  to  Congress  of  the  Super- 
intendent of  the  Capitol  Building  and  Grounds. 

Approved,  June  26,  1912.     (37  Stat,  184.) 


STATUTES.  519 

MEMBERSHIP  FEES  IN  SOCIETIES  AND  ASSOCIA- 
TIONS AND  ATTENDANCE  OF  EMPLOYEES 
AT  MEETINGS  OR  CONVENTIONS. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government 
fiscal  year  ending  June  30,  1913,  and  for  other  purposes. 

******* 
SEC.  10.  That  section  eight  of  the  District  of  Columbia  appro- 
priation act,  approved  June  twenty-sixth,  nineteen  hundred  and 
twelve,  shall  not  take  effect  or  be  operative  during  the  fiscal  year 
nineteen  hundred  and  thirteen  except  to  the  extent  that  it  prohibits 
the  payment  of  membership  fees  or  dues  in  societies  or  associations  : 
Provided,  That  during  the  fiscal  year  nineteen  hundred  and  thir- 
teen expenses  of  attendance  of  officers  or  employees  of  the  Govern- 
ment at  any  meeting  or  convention  of  members  of  any  society  or 
association  shall  be  incurred  only  on  the  written  authority  and  di- 
rection of  the  heads  of  executive  departments  or  other  Govern- 
ment establishments  or  the  Government  of  the  District  of  Colum- 
bia; and  a  detailed  statement  of  all  such  expenses  incurred  from 
June  thirtieth  until  December  first,  nineteen  hundred  and  twelve, 
shall  be  submitted  to  Congress  on  or  before  January  first,  nineteen 
hundred  and  thirteen. 

Approved,  August  24,  1912.     (37  Stat,  488.) 

FALSE  REPORTS,  PUNISHMENT  FOR. 

AN   ACT  To   provide  punishment   for  the   falsification  of  accounts   and   for 
making  of  false  reports  by  persons  in  the  employ  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  whoever, 
being  an  officer,  clerk,  agent  or  other  person  holding  any  office  or 
employment  under  the  Government  of  the  United  States  and,  being 
charged  with  the  duty  of  keeping  accounts  or  records  of  any  kind, 
shall,  with  intent  to  deceive,  mislead,  injure,  or  defraud  the  United 
States  or  any  person,  make  in  any  such  account  or  record  any  false 
or  fictitious  entry  or  record  of  any  matter  relating  to  or  connected 
with  his  duties,  or  whoever  with  like  intent  shall  aid  or  abet  any 
such  officer,  clerk,  agent,  or  other  person  in  so  doing;  or  whoever, 
being  an  officer,  clerk,  agent,  or  other  person  holding  any  office 
or  employment  under  the  Government  of  the  United  States  and, 
being  charged  with  the  duty  of  receiving,  holding,  or  paying  over 
moneys  or  securities  to,  for,  or  on  behalf  of  the  United  States,  or  of 
receiving  or  holding  in  trust  for  any  person  any  moneys  or  securi- 
ties, shall,  with  like  intent,  make  a  false  report  of  such  moneys,  or 
securities,  or  whoever  with  like  intent  shall  aid  or  abet  any  such 
officer,  clerk,  agent,  or  other  person  in  so  doing,  shall  be  fined  not 


520  RECLAMATION     SERVICE     MANUAL,. 

more    than    five    thousand  dollars,  or  imprisoned  not  more    than 
ten  years,  or  both. 

Approved,  March  4,  1911.     (36  Stat,  1355.) 

FURNISHING  COPIES  OF  RECORDS. 

AN  ACT  To  make  uniform  charges  for  furnishing  copies  of  records  of  the 
Department  of  the  Interior  and  of  its  several  bureaus. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  Secre- 
tary of  the  Interior,  the  head  of  any  bureau,  office,  or  institution, 
or  any  officer  of  that  department,  may,  when  not  prejudicial  to  the 
interests  of  the  Government,  furnish  authenticated  or  unauthenti- 
cated  copies  of  any  official  books,  records,  papers,  documents,  maps, 
plats,  or  diagrams  within  his  custody,  and  charge  therefor  the  fol- 
lowing fees.  For  all  written  copies,  at  the  rate  of  fifteen  cents  for 
each  hundred  words  therein ;  for  each  photolithographic  copy,  twen- 
ty-five cents  where  such  copies  are  authorized  by  law;  for  photo- 
graphic copies,  fifteen  cents  for  each  sheet;  and  for  tracings  or  blue 
prints  the  cost  of  the  production  thereof  to  be  determined  by  the 
officer  furnishing  such  copies,  and  in  addition  to  these  fees  the  sum 
of  twenty-five  cents  shall  be  charged  for  each  certificate  of  verifica- 
tion and  the  seal  attached  to  authenticated  copies :  Provided,  That 
there  shall  be  no  charge  for  the  making  of  verification  of  copies  re- 
quired for  official  use  by  the  officers  of  any  branch  of  the  Govern- 
ment: Provided  further,  That  only  a  charge  of  twenty-five  cents 
shall  be  made  for  furnishing  authenticated  copies  of  any  rules,  reg- 
ulations, or  instructions  printed  by  the  Government  for  gratuitous 
distribution. 

SEC.  2.  That  nothing  in  this  Act  shall  be  construed  to  limit  or 
restrict  in  any  manner  the  authority  of  the  Secretary  of  the  Interior 
to  prescribe  such  rules  and  regulations  as  he  may  deem  proper  gov- 
erning the  inspection  of  the  records  of  said  department  and  its 
various  bureaus  by  the  general  public,  and  any  person  having  any 
particular  interest  in  any  of  such  records  may  be  permitted  to  take 
copies  of  such  records  under  such  rules  and  regulations  as  may  be 
prescribed  by  the  Secretary  of  the  Interior. 

SEC.  3.  That  all  authenticated  copies  furnished  under  this  Act 
shall  be  admitted  in  evidence  equally  with  the  originals  thereof. 

SEC.  4.  That  all  officers  who  furnish  authenticated  copies  under 
this  Act  shall  attest  their  authentication  by  the  use  of  an  official 
seal,  which  is  hereby  authorized  for  that  purpose. 

SEC.  5.  That  the  Act  of  Congress  approved  April  nineteenth, 
nineteen  hundred  and  four,  chapter  thirteen  hundred  and  ninety- 
six,  be,  and  the  same  is  hereby,  repealed;  but  nothing  in  this  Act 
shall  be  so  construed  as  to  repeal  the  provisions  of  sections  four 
hundred  and  ninety  to  four  hundred  and  ninety-three,  inclusive, 


STATUTES.  521 

and  forty-nine  hundred  and  thirty-four  of  the  Revised  Statutes, 
fixing  the  rates  for  patent  fees ;  or  the  Act  approved  March  third, 
eighteen  hundred  and  ninety-one,  chapter  five  hundred  and  forty- 
one,  fixing  a  rate  for  certifying  printed  copies  of  specifications  and 
drawings  of  patents;  or  of  section  fourteen  of  the  Act  of  February 
twentieth,  nineteen  hundred  and  five,  chapter  five  hundred  and 
ninety-two,  to  authorize  the  registration  of  trade-marks  used  in 
commerce  with  foreign  nations  or  among  the  several  States  or  with 
Indian  tribes,  and  to  protect  the  same ;  nor  shall  anything  in  this  Act 
be  construed  to  repeal  any  of  the  provisions  of  section  eight  of  the 
Act  approved  April  twenty-sixth,  nineteen  hundred  and  six,  chap- 
ter eighteen  hundred  and  seventy-six,  authorizing  the  officer  having 
charge  of  the  custody  of  any  records  pertaining  to  the  enrollment 
of  members  of  the  Five  Civilized  Tribes  of  Indians  to  furnish  cer- 
tified copies  of  such  records  and  charge  for  that  service  such  fees 
as  the  Secretary  of  the  Interior  may  prescribe;  nor  shall  anything 
herein  contained  prevent  the  Secretary  of  the  Interior,  under  his 
general  power  of  supervision  over  Indian  affairs,  from  prescribing 
such  charges  or  fees  for  furnishing  certified  copies  of  the  records 
of  any  Indian  agency  or  Indian  school  as  he  may  deem  proper;  and 
the  said  Secretary  is  hereby  authorized  to  charge  a  fee  of  twenty- 
five  cents  for  each  certified  copy  issued  by  him  as  to  the  official 
character  of  any  officer  of  his  department. 

SEC.  6.  That  all  sums  received  under  the  provisions  of  this  Act 
shall  be  deposited  in  the  Treasury  to  the  credit  of  miscellaneous 
receipts. 

Approved,  August  24,  1912.     (37  Stat,  497.) 

BONDS  OF  CONTRACTORS  ON  PUBLIC  WORKS. 

AN  ACT  To  amend  an  Act  approved  August  thirteenth,  eighteen  hundred  and 
ninety-four,  entitled  "An  Act  for  the  protection  of  persons  furnishing  ma- 
terials and  labor  for  the  construction  of  public  works." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  Act  en- 
titled "An  Act  for  the  protection  of  persons  furnishing  materials 
and  labor  for  the  construction  of  public  works,"  approved  August 
thirteenth,  eighteen  hundred  and  ninety-four,  is  hereby  amended 
so  as  to  read  as  follows : 

"That  hereafter  any  person  or  persons  entering  into  a  formal 
contract  with  the  United  States  for  the  construction  of  any  public 
building,  or  the  prosecution  and  completion  of  any  public  work,  or 
for  repairs  upon  any  public  building  or  public  work,  shall  be  re- 
quired, before  commencing  such  work,  to  execute  the  usual  penal 
bond,  with  good  and  sufficient  sureties,  with  the  additional  obliga- 
tion that  such  contractor  or  contractors  shall  promptly  make  pay- 
ments to  all  persons  supplying  him  or  them  with  labor  and  materials 


522  RECLAMATION     SERVICE     MANUAL. 

in  the  prosecution  of  the  work  provided  for  in  such  contract;  and 
any  person,  company,  or  corporation  who  has  furnished  labor  or 
materials  used  in  the  construction  or  repair  of  any  public  building 
or  public  work,  and  payment  for  which  has  not  been  made,  shall 
have  the  right  to  intervene  and  be  made  a  party  to  any  action  insti- 
tuted by  the  United  States  on  the  bond  of  the  contractor,  and  to 
have  their  rights  and  claims  adjudicated  in  such  action  and  judg- 
ment rendered  thereon,  subject,  however,  to  the  priority  of  the 
claim  and  judgment  of  the  United  States.  If  the  full  amount  of 
the  liability  of  the  surety  on  said  bond  is  insufficient  to  pay  the  full 
amount  of  said  claims  and  demands,  then,  after  paying  the  full 
amount  due  the  United  States,  the  remainder  shall  be  distributed 
prorata  among  said  interveners.  If  no  suit  should  be  brought  by 
the  United  States  within  six  months  from  the  completion  and  final 
settlement  of  said  contract,  then  the  person  or  persons  supplying 
the  contractor  with  labor  and  materials  shall,  upon  application 
therefor,  and  furnishing  affidavit  to  the.  Department  under  the  di- 
rection of  which  said  work  has  been  prosecuted  that  labor  or  ma- 
terials for  the  prosecution  of  such  work  has  been  supplied  by  him 
or  them,  and  payment  for  which  has  not  been  made,  be  furnished 
with  a  certified  copy  of  said  contract  and  bond,  upon  which  he  or 
they  shall  have  a  right  of  action,  and  shall  be,  and  are  hereby,  au- 
thorized to  bring  suit  in  the  name  of  the  United  States  in  the  circuit 
court  of  the  United  States  in  the  district  in  which  said  contract 
was  to  be  performed  and  executed,  irrespective  of  the  amount  in 
controversy  in  such  suit,  and  not  elsewhere,  for  his  or  their  use  and 
benefit,  against  said  contractor  and  his  sureties,  and  to  prosecute 
the  same  to  final  judgment  and  execution:  Provided,  That  where 
suit  is  instituted  by  any  of  such  creditors  on  the  bond  of  the  contrac- 
tor it  shall  not  be  commenced  until  after  the  complete  performance 
of  said  contract  and  final  settlement  thereof,  and  shall  be  com- 
menced within  one  year  after  the  performance  and  final  settlement 
of  said  contract,  and  not  later :  And  provided  further,  That  where 
suit  is  so  instituted  by  a  creditor  or  by  creditors,  only  one  action 
shall  be  brought,  and  any  creditor  may  file  his  claim  in  such  action 
and  be  made  party  thereto  within  one  year  from  the  completion  of 
the  work  under  said  contract,  and  not  later.  If  the  recovery  on 
the  bond  should  be  inadequate  to  pay  the  amounts  found  due  to  all 
of  said  creditors,  judgment  shall  be  given  to  each  creditor  prorata 
of  the  amount  of  the  recovery.  The  surety  on  said  bond  may  pay 
into  court,  for  distribution  among  said  claimants  and  creditors,  the 
full  amount  of  the  sureties'  liability,  to  wit,  the  penalty  named  in 
the  bond,  less  any  amount  which  said  surety  may  have  had  to  pay 
to  the  United  States  by  reason  of  the  execution  of  said  bond,  and 
upon  so  doing  the  surety  will  be  relieved  from  further  liability : 
Provided  further,  That  in  all  suits  instituted  under  the  provisions 
of  this  Act  such  personal  notice  of  the  pendency  of  such  suits,  in- 


STATUTES.  523 

forming  them  of  their  right  to  intervene  as  the  court  may  order, 
shall  be  given  to  all  known  creditors,  and  in  addition  thereto  notice 
of  publication  in  some  newspaper  of  general  circulation,  published 
in  the  State  or  town  where  the  contract  is  being  performed,  for  at 
least  three  successive  weeks,  the  last  publication  to  be  at  least  three 
months  before  the  time  limited  therefor." 

Approved,  February  24,  1905.     (33  Stat,  811.) 

ADVERTISEMENTS,  PROPOSALS,  AND  CONTRACTS. 

All  purchases  and  contracts  for  supplies  or  services  in  any  of 
the  departments  of  the  Government,  except  for  personal  services, 
shall  be  made  by  advertising  a  sufficient  time  previously  for  pro- 
posals respecting  the  same  when  the  public  exigencies  do  not  re- 
quire the  immediate  delivery  of  the  articles  or  performance  of  the 
service.  When  immediate  delivery  or  performance  is  required  by 
the  public  exigency  the  articles  or  service  required  may  be  pro- 
cured by  open  purchase  or  contract  at  the  places  and  in  the  manner 
in  which  such  articles  are  usually  bought  and  sold,  or  such  services 
engaged,  between  individuals. 

Sec.  3709,  U.  S.  Rev.  Stat. 

Whenever  proposals  for  supplies  have  been  solicited,  the  parties 
responding  to  such  solicitation  shall  be  duly  notified  of  the  time 
and  place  of  opening  the  bids  and  be  permitted  to  be  present  either 
in  person  or  by  attorney,  and  a  record  of  each  bid  shall  then  and 
there  be  made. 

Sec.  3710,  U.  S.  Rev.  Stat. 

NO  CONTRACT  TO  EXCEED  APPROPRIATION. 

No  contract  shall  be  entered  into  for  the  erection,  repair,  or  fur- 
nishing of  any  public  building,  or  for  any  public  improvement 
which  shall  bind  the  Government  to  pay  a  larger  sum  of  money 
than  the  amount  in  the  Treasury  appropriated  for  the  specific  pur- 
pose. 

Sec.  3733,  U.  S.  Rev.  Stat. 

TRANSFER  OF  CONTRACT  PROHIBITED. 

No  contract  or  order,  or  any  interest  therein,  shall  be  transferred 
by  the  party  to  whom  such  contract  or  order  is  given  to  any  other 
party  and  any  such  transfer  shall  cause  the  annulment  of  the  con- 
tract or  order  transferred,  so  far  as  the  United  States  are  con- 
cerned. All  rights  of  action,  however,  for  any  breach  of  such  con- 
tract by  the  contracting  parties,  are  reserved  to  the  United  States. 

Sec.  3737,  U.  S.  Rev.  Stat. 


524  RECLAMATION     SERVICE     MANUAL. 

MEMBER  OF  CONGRESS  CLAUSE. 

In  every  such  contract  or  agreement  to  be  made  or  entered  into, 
or  accepted  by  or  on  behalf  of  the  United  States,  there  shall  be 
inserted  an  express  condition  that  no  Member  of  or  Delegate  to 
Congress  shall  be  admitted  to  any  share  or  part  of  such  contract 
or  agreement  or  to  any  benefit  to  arise  thereupon. 

Sec.  3741,  U.  S.  Rev.  Stat.      (See  page  535.} 

CONTRACTS  TO  BE  FILED  IN  AUDITOR'S  OFFICE. 

All  contracts  to  be  made,  by  virtue  of  any  law,  and  requiring  the 
advance  of  money,  or  in  any  manner  connected  with  the  settlement 
of  public  accounts,  shall  be  deposited  promptly  in  the  offices  of  the 
auditors  of  the  Treasury  according  to  the  nature  of  the  contracts. 
Provided,  That  this  section  shall  not  apply  to  the  existing  laws  in 
regard  to  the  contingent  funds  of  Congress. 

Sec.  3743,  U.  S.  Rev.  Stat,  as  amended  by  Act  of  July  31,  1894. 
(28  Stat,  210.) 

EXAMINATION  OF  ACCOUNTS. 

AN  ACT  Making  appropriations  for  the  legislative,  executive,  and  judicial 
expenses  of  the  Government  for  the  fiscal  year  ending  June  30,  1913,  and  for 
other  purposes. 


Hereafter  the  administrative  examination  of  all  public  accounts, 
preliminary  to  their  audit  by  the  accounting  officers  of  the  Treas- 
ury, shall  be  made  as  contemplated  by  the  so-called  Dockery  Act, 
approved  July  thirty-first,  eighteen  hundred  and  ninety-four,  and 
all  vouchers  and  pay  rolls  shall  be  prepared  and  examined  by  and 
through  the  administrative  heads  of  divisions  and  bureaus  in  the 
executive  departments  and  not  by  the  disbursing  clerks  of  said  de- 
partments, except  those  vouchers  heretofore  prepared  outside  of 
Washington  may  continue  to  be  so  prepared  and  the  disbursing 
officers  shall  make  only  such  examination  of  vouchers  as  may  be 
necessary  to  ascertain  whether  they  represent  legal  claims  against 
the  United  States. 

Approved,  August  23,  1912.      (37  Stat,  375.) 

THE  RETURNS  OFFICE. 

Sections  3744-3747  inclusive,  of  the  Revised  Statutes,  in  refer- 
ence to  this  matter,  are  as  follows : 

SEC.  3744.  It  shall  be  the  duty  of  the  Secretary  of  War,  of  the 
Secretary  of  the  Navy,  and  of  the  Secretary  of  the  Interior,  to 
cause  and  require  every  contract  made  by  them  severally  on  behalf 


STATUTES.  525 

of  the  Government,  or  by  their  officers  under  them  appointed  to 
make  such  contracts,  to  be  reduced  to  writing,  and  signed  by  the 
contracting  parties  with  their  names  at  the  end  thereof ;  a  copy  of 
which  shall  be  filed  by  the  officer  making  and  signing  the  contract 
in  the  Returns  Office  of  the  Department  of  the  Interior,  as  soon 
after  the  contract  is  made  as  possible,  and  within  thirty  days,  to- 
gether with  all  bids,  offers  and  proposals  to  him  made  by  persons 
to  obtain  the  same,  and  with  a  copy  of  any  advertisement  he  may 
have  published  inviting  bids,  offers,  or  proposals  for  the  same.  All 
the  copies  and  papers  in  relation  to  each  contract  shall  be  attached 
together  by  a  ribbon  and  seal,  and  marked  by  numbers  in  regular 
order,  according  to  the  number  .of  papers  composing  the  whole 
return.  (See  SECS.  512,  515.) 

SEC.  3745.  It  shall  be  the  further  duty  of  the  officer,  before 
making  his  return,  according  to  the  preceding  section,  to  affix  to  the 
same  his  affidavit  in  the  following  form,  sworn  to  before  some 
magistrate  having  authority  to  administer  oaths:  "I  do  solemnly 
swear  (or  affirm)  that  the  copy  of  contract  hereto  annexed  is  an 

exact  copy  of  a  contract  made  by  me  personally  with 

;  that  I  made  the  same  fairly,  without  any  benefit 

or  advantage  to  myself,  or  allowing  any  such  benefit  or  advan- 
tage corruptly  to  the  said ,  or 

any  other  person;  and  that  the  papers  accompanying  include  all 
those  relating  to  the  said  contract,  as  required  by  the  statute  in 
such  case  made  and  provided." 

SEC.  3746.  Every  officer  who  makes  any  contract,  and  fails  or 
neglects  to  make  return  of  the  same,  according  to  the  provisions  of 
the  two  preceding  sections,  unless  from  unavoidable  accident  or 
causes  not  within  his  control,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred,  and  imprisoned  not  more  than  six  months. 

SEC.  3747.  It  shall  be  the  duty  of  the  Secretary  of  War,  of  the 
Secretary  of  the  Navy,  and  of  the  Secretary  of  the  Interior  to  fur- 
nish every  officer  appointed  by  them  with  authority  to  make  con- 
tracts on  behalf  of  the  Government  with  a  printed  letter  of  instruc- 
tions, setting  forth  the  duties  of  such  officer,  under  the  two  pre- 
ceding sections,  and  also  to  furnish  therewith  forms,  printed  in 
blank,  of  contracts  to  be  made,  and  the  affidavit  of  returns  required 
to  be  affixed  thereto,  so  that  all  the  instruments  may  be  as  nearly 
uniform  as  possible. 

TELEPHONE  SERVICE. 

AN  ACT  Making  appropriations  for  the  legislative,  executive  and  judicial  ex- 
penses of  the  Government  for  the  fiscal  year  ending  June  30,  Ifl 

******** 
SEC.  7.  That  no  money  appropriated  by  this  or  any  other  Act 


526  RECLAMATION     SERVICE     MANUAL. 

shall  be  expended  for  telephone  service  installed  in  any  private 
residence  or  private  apartment  or  for  tolls  or  other  charges  for 
telephone  service  from  private  residences  or  private  apartments, 
except  for  long-distance  telephone  tolls  required  strictly  for  the 
public  business,  and  so  shown  by  vouchers  duly  sworn  to  and  ap- 
proved by  the  head  of  the  department,  division,  bureau,  or  office 
in  which  the  official  using  such  telephone  or  incurring  the  expense 
of  such  tolls  shall  be  employed. 

Approved,  August  23,  1912.      (37  Stat,  414.) 

NEWSPAPER  ADVERTISING. 

rsio  advertisement,  notice,  or  proposal  for  any  Executive  Depart- 
ment of  the  Government,  or  for  any  Bureau  thereof,  or  for  any 
office  therewith  connected,  shall  be  published  in  any  newspaper 
whatever,  except  in  pursuance  of  a  written  authority  for  such  pub- 
lication from  the  head  of  such  Department;  and  no  bill  for  any 
such  advertising,  or  publication,  shall  be  paid,  unless  there  be  pre- 
sented with  such  bill  a  copy  of  such  written  authority. 

Sec.  3828,  U.  S.  Rev.  Stat. 

That  hereafter  all  advertisements,  notices,  proposals  for  con- 
tracts, and  all  forms  of  advertising  required  by  law  for  'the  several 
Departments  of  the  Government,  may  be  paid  for  at  a  price  not  to 
exceed  the  commercial  rates  charged  to  private  individuals,  with 
the  usual  discounts ;  such  rates  to  be  ascertained  from  sworn  state- 
ments to  be  furnished  by  the  proprietors  or  publishers  of  the  news- 
papers proposing  so  to  advertise. 

Approved,  June  20,  1878.     (20  Stat.,  216.) 

EIGHT-HOUR  DAY. 

The  law  in  regard  to  the  eight-hour  day,  so  far  as  it  relates  to 
the  reclamation  service,  is  as  follows: 

Provided,  That  in  all  construction  work,  eight  hours  shall  con- 
stitute a  day's  work,  and  no  Mongolian  labor  shall  be  employed 
thereon.  Section  4  of  the  reclamation  act  approved  June  17,  1902. 
(32  Stat.  388.) 

Eight  hours  shall  constitute  a  day's  work  for  all  laborers,  work- 
men, and  mechanics  who  may  be  employed  by  or  on  behalf  of  the 
Government  of  the  United  States. 

Sec.  3738  U.  S.  Rev.  Stat. 

Be  it  enacted,  etc.,  That  the  service  and  employment  of  all  la- 
borers and  mechanics  who  are  now  or  may  hereafter  be  employed 
by  the  Government  of  the  United  States,  by  the  District  of  Colum- 
bia, or  by  any  contractor  or  sub-contractor  upon  any  of  the  public 


STATUTES.  527 

works  of  the  United  States  or  of  the  said  District  of  Columbia,  is 
hereby  limited  and  restricted  to  eight  hours  in  any  one  calendar 
day,  and  it  shall  be  unlawful  for  any  officer  of  the  United  States 
Government  or  of  the  District  of  Columbia  or  any  such  contractor 
or  sub-contractor  whose  duty  it  shall  be  to  employ,  direct,  or  con- 
trol the  services  of  such  laborers  or  mechanics  to  require  or  permit 
any  such  laborer  or  mechanic  to  work  more  than  eight  hours  in 
any  calendar  day  except  in  case  of  extraordinary  emergency. 

SEC.  2.  That  any  officer  or  agent  of  the  Government  of  the 
United  States  or  of  the  District  of  Columbia,  or  any  contractor  or 
sub-contractor  whose  duty  it  shall  be  to  employ,  direct,  or  control 
any  laborer  or  mechanic  employed  upon  any  of  the  public  works 
of  the  United  States  or  of  the  District  of  Columbia  who  shall  in- 
tentionally violate  any  provision  of  this  act,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  for  each  and  every  such  offense  shall,  upon 
conviction,  be  punished  by  a  fine  not  to  exceed  one  thousand  dol- 
lars, or  by  imprisonment  for  not  more  than  six  months,  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court  having 
jurisdiction  thereof. 

Sections  1  and  2,  act  of  August  1,  1892.     (27  Stat.,  340.) 

AN  ACT  Limiting  the  hours  of  daily  service  of  laborers  and  mechanics    em- 

S'pyed  upon  work  done  for  the  United  States,  or  for  any  Territory,  or  for  the 
istrict  of  Columbia,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  every  con- 
tract hereafter  made  to  which  the  United  States,  any  Territory,  or 
the  District  of  Columbia  is  a  party,  and  every  such  contract  made 
for  or  on  behalf  of  the  United  States,  or  any  Territory,  or  said  Dis- 
trict, which  may  require  or  involve  the  employment  of  laborers  or 
mechanics  shall  contain  a  provision  that  no  laborer  or  mechanic 
doing  any  part  of  the  work  contemplated  by  the  contract,  in  the 
employ  of  the  contractor  or  any  subcontractor  contracting  for  any 
part  of  said  work  contemplated,  shall  be  required  or  permitted  to 
work  more  than  eight  hours  in  any  one  calendar  day  upon  such 
work;  and  every  such  contract  shall  stipulate  a  penalty  for  each 
violation  of  such  provision  in  such  contract  of  five  dollars  for  each 
laborer  or  mechanic  for  every  calendar  day  in  which  he  shall  be  re- 
quired or  permitted  to  labor  more  than  eight  hours  upon  said  work; 
and  any  officer  or  person  designated  as  inspector  of  the  work  to  be 
performed  under  any  such  contract,  or  to  aid  in  enforcing  the  fulfill- 
ment thereof,  shall,  upon  observation  or  investigation,  forthwith 
report  to  the  proper  officer  of  the  United  States,  or  of  any  Terri- 
tory, or  of  the  District  of  Columbia,  all  violations  of  the  provisions 
of  this  Act  directed  to  be  made  in  every  such  contract,  together  with 
the  name  of  each  laborer  or  mechanic  who  has  been  required  or  per- 
mitted to  labor  in  violation  of  such  stipulation  and  the  day  of  such 


528  RECLAMATION     SERVICE     MANUAL. 

violation,  and  the  amount  of  the  penalties  imposed  according  to  the 
stipulation  in  any  such  contract  shall  be  directed  to  be  withheld  for 
the  use  and  benefit  of  the  United  States,  the  District  of  Columbia, 
or  the  Territory  contracting  by  the  officer  or  person  whose  duty  it 
shall  be  to  approve  the  payment  of  the  moneys  due  under  such  con- 
tract, whether  the  violation  of  the  provisions  of  such  contract  is  by 
the  contractor  or  any  subcontractor.  Any  contractor  or  sub- 
contractor aggrieved  by  the  withholding  of  any  penalty  as  herein- 
before provided  shall  have  the  right  within  six  months  thereafter  to 
appeal  to  the  head  of  the  department  making  the  contract  on  behalf 
of  the  United  States  or  the  Territory,  and  in  the  case  of  a  contract 
made  by  the  District  of  Columbia  to  the  Commissioners  thereof, 
who  shall  have  power  to  review  the  action  imposing  the  penalty,  and 
in  all  such  appeals  from  such  final  order  whereby  a  contractor  or 
subcontractor  may  be  aggrieved  by  the  imposition  of  the  penalty 
hereinbefore  provided  such  contractor  or  subcontractor  may  within 
six  months  after  decision  by  such  head  of  a  department  or  the 
Commissioners  of  the  District  of  Columbia  file  a  claim  in  the  Court 
of  Claims,  which  shall  have  jurisdiction  to  hear  and  decide  the  mat- 
ter in  like  manner  as  in  other  cases  before  said  court. 

SEC.  2.  That  nothing  in  this  Act  shall  apply  to  contracts  for 
transportation  by  land  or  water,  or  for  the  transmission  of  intelli- 
gence, or  for  the  purchase  of  supplies  by  the  Government,  whether 
manufactured  to  conform  to  particular  specifications  or  not,  or  for 
such  materials  or  articles  as  may  usually  be  bought  in  open  market, 
except  armor  and  armor  plate,  whether  made  to  conform  to  par- 
ticular specifications  or  not,  or  to  the  construction  or  repair  of 
levees  or  revetments  necessary  for  protection  against  floods  or  over- 
flows on  the  navigable  waters  of  the  United  States  :  Provided,  That 
all  classes  of  work  which  have  been,  are  now,  or  may  hereafter  be 
performed  by  the  Government  shall,  when  done  by  contract,  by  in- 
dividuals, firms,  or  corporations  for  or  on  behalf  of  the  United 
States  or  any  of  the  Territories  or  the  District  of  Columbia,  be  per- 
formed in  accordance  with  the  terms  and  provisions  of  section  one 
of  this  Act.  The  President,  by  Executive  order,  may  waive  the 
provisions  and  stipulations  in  this  Act  as  to  any  specific  contract 
or  contracts  during  time  of  war  or  a  time  when  war  is  imminent. 
and  until  January  first,  nineteen  hundred  and  fifteen,  as  to  any  con- 
tract or  contracts  entered  into  in  connection  with  the  construction 
of  the  Isthmian  Canal.  No  penalties  shall  be  imposed  for  any  vio- 
lation of  such  provision  in  such  contract  due  to  any  extraordinary 
events  or  conditions  of  manufacture,  or  to  any  emergency  caused 
by  fire,  famine,  or  flood,  by  danger  to  life  or  to  property,  or  by 
other  extraordinary  event  or  condition  on  account  of  which  the 
President  shall  subsequently  declare  the  violation  to  have  been  ex- 
cusable. Nothing  in  this  Act  shall  be  construed  to  repeal  or  modify 
the  Act  entitled  "An  Act  relating  to  the  limitation  of  the  hours  of 


STATUTES.  529 

daily  service  of  laborers  and  mechanics  employed  upon  the  public 
works  of  the  United  States  and  of  the  District  of  Columbia"  being 
chapter  three  hundred  and  fifty-two  of  the  laws  of  the  Fifty-second 
Congress,  approved  August  first,  eighteen  hundred  and  ninety-two, 
as  modified  by  the  Acts  of  Congress  approved  February  twenty- 
seventh,  nineteen  hundred  and  six,  and  June  thirtieth,  nineteen 
hundred  and  six,  or  apply  to  contracts  which  have  been  or  may  be 
entered  into  under  the  provisions  of  appropriation  Acts  approved 
prior  to  the  passage  of  this  Act. 

SEC.  3.  That  this  Act  shall  become  effective  and  be  in  force  on 
and  after  January  first,  nineteen  hundred  and  thirteen. 

Approved,  June  19,  1912.      (37  Stat,  137.) 

COMPENSATION  FOR  INJURED  EMPLOYEES. 

AN  ACT  Granting  to  certain  employees  of  the  United  States  the  right  to  re- 
ceive from  it  compensation  for  injuries  sustained  in  the  course  of  their  em- 
ployment. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  when,  on  or 
after  August  first,  nineteen  hundred  and  eight,  any  person  em- 
ployed by  the  United  States  as  an  artisan  or  laborer  in  any  of  its 
manufacturing  establishments,  arsenals,  or  navy  yards,  or  in  the 
construction  of  river  and  harbor  or  fortification  work  or  in  haz- 
ardous employment  on  construction  work  in  the  reclamation  of  arid 
lands  or  the  management  and  control  of  the  same,  or  in  hazardous 
employment  under  the  Isthmian  Canal  Commission,  is  injured  in 
the  course  of  such  employment,  such  employee  shall  be  entitled  to 
receive  for  one  year  thereafter,  unless  such  employee,  in  the  opinion 
of  the  Secretary  of  Commerce  and  Labor,  be  sooner  able  to  resume 
work,  the  same  pay  as  if  he  continued  to  be  employed,  such  pay- 
ment to  be  made  under  such  regulations  as  the  Secretary  of  Com- 
merce and  Labor  may  prescribe :  Provided,  That  no  compensation 
shall  be  paid  under  this  act  where  the  injury  is  due  to  the  negligence 
or  misconduct  of  the  employee  injured,  nor  unless  said  injury  shall 
continue  for  more  than  fifteen  days.  All  questions  of  negligence 
or  misconduct  shall  be  determined  by  the  Secretary  of  Commerce 
and  Labor. 

SEC.  2.  That  if  any  artisan  or  laborer  so  employed  shall  die  dur- 
ing the  said  year  by  reason  of  such  injury  received  in  the  course 
of  such  employment,  leaving  a  widow,  or  a  child  or  children  under 
sixteen  years  of  age,  or  a  dependent  parent,  such  widow  and  child 
or  children  and  dependent  parent  shall  be  entitled  to  receive,  in 
such  portions  and  under  such  regulations  as  the  Secretary  of  Com- 
merce and  Labor  may  prescribe,  the  same  amount,  for  the  re- 
mainder of  the  said  year,  that  said  artisan  or  laborer  would  be  en- 
titled to  receive  as  pay  if  such  employee  were  alive  and  continued 


530  RECLAMATION     SERVICE     MANUAL. 

to  be  employed :  Provided,  That  if  the  widow  shall  die  at  any  time 
during  the  said  year  her  portion  of  said  amount  shall  be  added 
to  the  amount  to  be  paid  to  the  remaining  beneficiaries  under  the 
provisions  of  this  section,  if  there  be  any. 

SEC.  3.  That  whenever  an  accident  occurs  to  any  employee  em- 
braced within  the  terms  of  the  first  section  of  this  act,  and  which 
results  in  death  or  a  probable  incapacity  for  work,  it  shall  be  the 
duty  of  the  official  superior  of  such  employee  to  at  once  report 
such  accident  and  the  injury  resulting  therefrom  to  the  head  of  his 
bureau  or  independent  office,  and  his  report  shall  be  immediately 
communicated  through  regular  official  channels  to  the  Secretary  of 
Commerce  and  Labor.  Such  report  shall  state,  first,  the  time, 
cause,  and  nature  of  the  accident  and  injury  and  the  probable  dura- 
tion of  the  injury  resulting  therefrom;  second,  whether  the  acci- 
dent arose  out  of  or  in  the  course  of  the  injured  person's  employ- 
ment; third,  whether  the  accident  was  due  to  negligence  or  mis- 
conduct on  the  part  of  the  employee  injured;  fourth,  any  other 
matters  required  by  such  rules  and  regulations  as  the  Secretary  of 
Commerce  and  Labor  may  prescribe.  The  head  of  each  Depart- 
ment or  independent  office  shall  have  power,  however,  to  charge  a 
special  official  with  the  duty  of  making  such  reports. 

SEC.  4.  That  in  the  case  of  any  accident  which  shall  result  in 
death,  the  persons  entitled  to  compensation  under  this  act  or  their 
legal  representatives  shall,  within  ninety  days  after  such  death, 
file  with  the  Secretary  of  Commerce  and  Labor  an  affidavit  set- 
ting forth  their  relationship  to  the  deceased  and  the  ground  of 
their  claim  for  compensation  under  the  provisions  of  this  act.  This 
shall  be  accompanied  by  the  certificate  of  the  attending  physician 
setting  forth  the  fact  and  cause  of  death,  or  the  non-production 
of  the  certificate  shall  be  satisfactorily  accounted  for.  In  the  case 
of  incapacity  for  work  lasting  more  than  fifteen  days,  the  injured 
party  desiring  to  take  the  benefit  of  this  act  shall,  within  a  reason- 
able period  after  the  expiration  of  such  time,  file  with  his  official 
superior,  to  be  forwarded  through  regular  official  channels  to  the 
Secretary  of  Commerce  and  Labor,  an  affidavit  setting  forth  the 
grounds  of  his  claim  for  compensation,  to  be  accompanied  by  a 
certificate  of  the  attending  physician  as  to  the  cause  and  nature 
of  the  injury  and  probable  duration  of  the  incapacity,  or  the  non- 
production  of  the  certificate  shall  be  satisfactorily  accounted  for. 
If  the  Secretary  of  Commerce  and  Labor  shall  find  from  the  re- 
port and  affidavit  or  other  evidence  produced  by  the  claimant  or 
his  or  her  legal  representatives,  or  from  such  additional  investiga- 
tion as  the  Secretary  of  Commerce  and  Labor  may  direct,  that  a 
claim  for  compensation  is  established  under  this  act,  the  compen- 
sation to  be  paid  shall  be  determined  as  provided  under  this  act 
and  approved  for  payment  by  the  Secretary  of  Commerce  and 
Labor. 


STATUTES.  53! 

SEC  5.  That  the  employees  shall,  whenever  and  as  often  as  re- 
quired by  the  Secretary  of  Commerce  and  Labor,  at  least  once  in 
six  months,  submit  to  medical  examination,  to  be  provided  and  paid 
for  under  the  direction  of  the  Secretary,  and  if  such  employee  re- 
fuses to  submit  to  or  obstructs  such  examination  his  or  her  right 
to  compensation  shall  be  lost  for  the  period  covered  by  the  con- 
tinuance of  such  refusal  or  obstruction. 

SEC.  6.  That  payments  under  this  act  are  only  to  be  made  to  the 
beneficiaries  or  their  legal  representatives  other  than  assignees,  and 
shall  not  be  subject  to  the  claims  of  creditors. 

SEC.  7.  That  the  United  States  shall  not  exempt  itself  from  lia- 
bility under  this  act  by  any  contract,  agreement,  rule,  or  regulation, 
and  any  such  contract,  agreement,  rule,  or  regulation  shall  be  pro 
tanto  void. 

SEC.  8.  That  all  acts  or  parts  of  acts  in  conflict  herewith  or  pro- 
viding a  different  scale  of  compensation  or  otherwise  regulating  its 
payment  are  hereby  repealed. 

Approved,  May  30,  1908.     (35  Stat,  556.) 

Note.— The  act  of  May  30,  1908  (35  Stat.,  556),  was  extended 
by  the  act  of  March  4,  1911  (36  Stat,  1452),  to  employees  under 
the  Ishthmian  Canal  Commission,  and  by  the  act  ofMarch  11,  1912 
(37  Stat.,  74),  to  employees  of  the  Bureau  of  Mines  and  of  the' 
Forestry  Service. 

LEAVE  OF  ABSENCE. 

SEC.  7.  That  section  five  of  the  Act  making  appropriations  for 
legislative,  executive,  and  judicial  expenses,  approved  March  third, 
eighteen  hundred  and  ninety-three,  is  hereby  amended  to  read  as 
follows  : 

"Hereafter  it  shall  be  the  duty  of  the  heads  of  the  several  Execu- 
tive Departments,  in  the  interest  of  the  public  service,  to  require 
of  all  clerks  and  other  employees,  of  whatever  grade  or  class,  in 
their  respective  Departments,  not  less  than  seven  hours  of  labor 
each  day,  except  Sundays  and  days  declared  public  holidays  by 
law  or  Executive  order :  Provided,  That  the  heads  of  the  Depart- 
ments may,  by  special  order,  stating  the  reason,  further  extend  the 
hours  of  any  clerk  or  employee  in  their  Departments,  respectively; 
but  in  case  of  an  extension  it  shall  be  without  additional  compensa- 
tion :  Provided  further,  That  the  head  of  any  Department  may 
grant  thirty  days'  annual  leave  with  pay  in  any  one  year  to  each 
clerk  or  employee :  And  provided  further.  That  where  some  mem- 
ber of  the  immediate  family  of  a  clerk  or  employee  is  afflicted  with 
a  contagious  disease  and  requires  the  care  and  attendance  of  such 
employee,  or  where  his  or  her  presence  in  the  Department  would 
jeopardize  the  health  of  fellow-clerks,  and  in  exceptional  and 
meritorious  cases,  where  a  clerk  or  employee  is  personally  ill,  and 


532  RECLAMATION     SERVICE     MANUAL. 

where  to  limit  the  annual  leave  to  thirty  days  in  any  one  calendar 
year  would  work  peculiar  hardship,  it  may  be  extended,  in  the  dis- 
cretion of  the  head  of  the  Department,  with  pay,  not  exceeding 
thirty  days  in  any  one  case  or  in  any  one  calendar  year. 

"This  section  shall  not  be  construed  to  mean  that  so  long  as  a 
clerk  or  employee  is  borne  upon  the  rolls  of  the  Department  in  ex- 
cess of  the  time  herein  provided  for  or  granted  that  he  or  she  shall 
be  entitled  to  pay  during  the  period  of  such  excessive  absence,  but 
that  the  pay  shall  stop  upon  the  expiration  of  the  granted  leave. 

Approved,  March  15,  1898.     (30  Stat.,  316.) 

Nothing  contained  in  section  seven  of  the  Act  making  appropria- 
tions for  legislative,  executive,  and  judicial  expenses  of  the  Gov- 
ernment for  the  fiscal  year  eighteen  hundred  and  ninety-nine,  ap- 
proved March  fifteenth,  eighteen  hundred  and  ninety-eight,  shall 
be  construed  to  prevent  the  head  of  any  Executive  Department 
from  granting  thirty  days'  annual  leave  with  pay  in  any  one  year 
to  a  clerk  or  employee,  notwithstanding  such  clerk  or  employee 
may  have  had  during  such  year  not  exceeding  thirty  days'  leave 
with  pay  on  account  of  sickness  as  provided  in  said  section  seven. 

Approved,  July  7,  1898.      (30  Stat.,  653.) 

SEC.  4.  *  *  *  Provided,  That  the  thirty  days'  annual  leave 
of  absence  with  pay  in  any  one  year  to  clerks  and  employees  in  the 
several  Executive  Departments  authorized  by  existing  law  shall  be 
exclusive  of  Sundays  and  legal  holidays. 

Approved,  Feb.  24,  1899.      (30  Stat.,  890.) 

PERMITTING  SUITS  BY  PATENTEES  AGAINST  THE 
UNITED  STATES. 

AN  ACT  To  provide  additional  protection  for  owners  of  patents  of  the  United 
States,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  whenever 
an  invention  described  in  and  covered  by  a  patent  of  the  United 
States  shall  hereafter  be  used  by  the  United  States  without  license 
of  the  owner  thereof  or  lawful  right  to  use  the  same,  such  owner 
may  recover  reasonable  compensation  for  such  use  by  suit  in  the 
Court  of  Claims :  Provided,  however,  That  said  Court  of  Claims 
shall  not  entertain  a  suit  or  award  compensation  under  the  pro- 
visions of  this  act  where  the  claim  for  compensation  is  based  on  the 
use  by  the  United  States  of  any  article  heretofore  owned,  leased, 
used  by,  or  in  possession  of  the  United  States :  Provided  further, 
That  in  any  such -suit  the  United  States  may  avail  itself  of  any  and 
all  defenses,  general  or  special,  which  might  be  pleaded  by  a  de- 
fendant in  an  action  for  infringement,  as  set  forth  in  Title  Sixty 


STATUTES.  533 

of  the  Revised  Statutes,  or  otherwise :  And  provided  further,  That 
the  benefits  of  this  act  shall  not  inure  to  any  patentee,  who,'  when 
he  makes  such  claim,  is  in  the  employment  or  service  of  the  Gov- 
ernment of  the  United  States;  or  the  assignee  of  any  such  patentee; 
nor  shall  this  act  apply  to  any  device  discovered  or  invented  by 
such  employee  during  the  time  of  his  employment  or  service 
Approved,  June  25,  1910.  (36  Stat,  851.) 

O1 

OFFENSES  AGAINST  THE  OPERATIONS  OF  THE 
GOVERNMENT. 

The  following  sections  of  the  act  of  Congress  approved  March 
4,  1909,  entitled  "An  act  to  codify,  revise  and  amend  the  penal 
laws  of  the  United  States"  (35  Stat,  1088),  were  effective  Jan- 
uary 1,  1910.  At  the  end  of  the  sections  are  citations  in  parenthe- 
ses referring  to  federal  statutes  on  the  same  subjects  in  force  prior 
to  January  1,  1910 : 

SEC.  49.  Whoever  shall  cut,  or  cause  or  procure  to  be  cut,  or 
shall  wantonly  destroy,  or  cause  to  be  wantonly  destroyed,  any 
timber  growing  on  the  public  lands  of  the  United  States ;  or  who- 
ever shall  remove,  or  cause  to  be  removed,  any  timber  from  said 
public  lands,  with  intent  to  export  or  tox  dispose  of  the  same;  or 
whoever,  being  the  owner,  master,  or  consignee  of  any  vessel,  or 
the  owner,  director,  or  agent  of  any  railroad,  shall  knowingly  trans- 
port any  timber  so  cut  or  removed  from  said  lands,  or  lumber  man- 
ufactured therefrom,  shall  be  fined  not  more  than  one  thousand 
dollars,  or  imprisoned  not  more  than  one  year,  or  both.  Nothing 
in  this  section  shall  prevent  any  miner  or  agriculturist  from  clear- 
ing his  land  in  the  ordinary  working  of  his  mining  claim,  or  in  the 
preparation  of  his  farm  for  tillage,  or  from  taking  the  timber 
necessary  to  support  his  improvements,  or  the  taking  of  timber  for 
the  use  of  the  United  States.  And  nothing  in  this  section  shall  in- 
terfere with  or  take  away  any  right  or  privilege  under  any  existing 
law  of  the  United  States  to  cut  or  remove  timber  from  any  public 
lands.  (See  20  Stat.,  89.) 

SEC.  50.  Whoever  shall  unlawfully  cut,  or  aid  in  unlawfully 
cutting,  or  shall  wantonly  injure  or  destroy,  or  procure  to  be  wan- 
tonly injured  or  destroyed,  any  tree,  growing,  standing,  or  being 
upon  any  land  of  the  United  States  which,  in  pursuance  of  law, 
has  been  reserved  or  purchased  by  the  United  States  for  any  pub- 
lic use,  or  upon  any  Indian  reservation,  or  lands  belonging  to  or 
occupied  by  any  tribe  of  Indians  under  the  authority  of  the  United 
States,  shall  be  fined  not  more  than  five  hundred  dollars,  or  im- 
prisoned not  more  than  one  year,  or  both.  (See  R.  S.,  2461,  2475.) 

SEC.  52.  Whoever  shall  willfully  set  on  fire,  or  cause  to  be  set  on 
fire,  any  timber,  underbrush,  or  grass  upon  the  public  domain,  or 


534  RECLAMATION     SERVICE     MANUAL,. 

shall  leave  or  suffer  fire  to  burn  unattended  near  any  timber  or 
other  inflammable  material,  shall  be  fined  not  more  than  five  thou- 
sand dollars,  or  imprisoned  not  more  than  two  years,  or  both.  (See 
31  Stat,  169.) 

SEC.  53.  Whoever  shall  build  a  fire  in  or  near  any  forest,  timber, 
or  other  inflammable  material  upon  the  public  domain  shall,  before 
leaving  said  fire,  totally  extinguish  the  same;  and  whoever  shall 
fail  to  do  so  shall  be  fined  not  more  than  one  thousand  dollars,  or 
imprisoned  not  more  than  one  year,  or  both.  (See  31  Stat.,  170.) 

SEC.  56.  Whoever  shall  knowingly  and  unlawfully  break,  open, 
or  destroy  any  gate,  fence,  hedge,  or  wall  inclosing  any  lands  of 
the  United  States  which,  in  pursuance  of  any  law,  have  been  re- 
served or  purchased  by  the  United  States  for  any  public  use;  or 
whoever  shall  drive  any  cattle,  horses,  hogs,  or  other  livestock  upon 
any  such  lands  for  the  purpose  of  destroying  the  grass  or  trees  on 
said  lands,  or  where  they  may  destroy  the  said  grass  or  trees;  or 
whoever  shall  knowingly  permit  his  cattle,  horses,  hogs,  or  other 
live  stock,  to  enter  through  any  such  inclosure  upon  any  such  lands 
of  the  United  States,  where  such  cattle,  horses,  hogs,  or  other  live 
stock  may  or  can  destroy  the  grass  or  trees  or  other  property  of  the 
United  States  on  the  said  lands,  shall  be  fined  not  more  than  five 
hundred  dollars,  or  imprisoned  not  more  than  one  year,  or  both : 
Provided,  That  nothing  in  this  section  shall  be  construed  to  apply 
to  unreserved  public  lands.  (See  18  Stat.,  481.) 

SEC.  57.  Whoever  shall  willfully  destroy,  deface,  change,  or 
remove  to  another  place  any  section  corner,  quarter-section  corner, 
or  meander  post,  on  any  Government  line  of  survey,  or  shall  will- 
fully cut  down  any  witness  tree  or  any  tree  blazed  to  mark  the  line 
of  a  Government  survey,  or  shall  willfully  deface,  change,  or  re- 
move any  monument  or  bench  mark  of  any  Government  survey, 
shall  be  fined  not  more  than  two  hundred  and  fifty  dollars,  or  im- 
prisoned not  more  than  six  months,  or  both.  (See  29  Stat.,  343.) 

SEC.  58.  Whoever  in  any  manner,  by  threats  or  force,  shall  in- 
terrupt, hinder,  or  prevent  the  surveying  of  the  public  lands,  or  of 
any  private  land  claim  which  has  been  or  may  be  confirmed  by  the 
United  States,  by  the  persons  authorized  to  survey  the  same,  in 
conformity  with  the  instructions  of  the  Commissioner  of  the  Gen- 
eral Land  Office,  shall  be  fined  not  more  than  three  thousand  dollars 
and  imprisoned  not  more  than  three  years.  (See  R.  S.,  2412.) 

SEC.  59.  Whoever,  before  or  at  the  time  of  the  public  sale  of  any 
of  the  lands  of  the  United  States,  shall  bargain,  contract,  or  agree, 
or  attempt  to  bargain,  contract,  or  agree  with  any  other  person,  that 
the  last-named  person  shall  not  bid  upon  or  purchase  the  land  so 
offered  for  sale,  or  any  parcel  thereof ;  or  whoever  by  intimidation, 
combination,  or  unfair  management  shall  hinder  or  prevent,  or 
attempt  to  hinder  or  prevent,  any  person  from  bidding  upon  or 
purchasing  any  tract  of  land  so  offered  for  sale,  shall  be  fined  not 


STATUTES.  535 

more  than  one  thousand  dollars,  or  imprisoned  not  more  than  two 
years,  or  both.  (See  R.  S.,  2373.) 

SEC.  60.  Whoever  shall  willfully  or  maliciously  injure  or  de- 
stroy any  of  the  works,  property,  or  material  of  any  telegraph, 
telephone,  or  cable  line,  or  system,  operated  or  controlled  by  the 
United  States,  whether  constructed  or  in  process  of  construction, 
or  shall  willfully  or  maliciously  interfere  in  any  way  with  the  work- 
ing or  use  of  any  such  line,  or  system,  or  shall  willfully  or  ma- 
liciously obstruct,  hinder,  or  delay  the  transmission  of  any  com- 
munication over  any  such  line,  or  system,  shall  be  fined  not  more 
than  one  thousand  dollars,  or  imprisoned  not  more  than  three  years, 
or  both.  (See  18  Stat,  250.) 

SEC.  114.  Whoever,  being  elected  or  appointed  a  Member  of  or 
Delegate  to  Congress,  or  a  Resident  Commissioner,  shall,  after  his 
election  or  appointment  and  either  before  or  after  he  has  qualified, 
and  during  his  continuance  in  office,  directly  or  indirectly,  himself, 
or  by  any  other  person  in  trust  for  him,  or  for  his  use  or  benefit, 
or  on  his  account,  undertake,  execute,  hold,  or  enjoy,  in  whole  or  in 
part,  any  contract  or  agreement,  made  or  entered  into  in  behalf  of 
the  United  States  by  any  officer  or  person  authorized  to  make  con- 
tracts on  its  behalf,  shall  be  fined  not  more  than  three  thousand  dol- 
lars. All  contracts  or  agreements  made  in  violation  of  this  sec- 
tion shall  be  void ;  and  whenever  any  sum  of  money  is  advanced  by 
the  United  States,  in  consideration  of  any  such  contract  or  agree- 
ment, it  shall  forthwith  be  repaid;  and  in  case  of  failure  or  refusal 
to  repay  the  same  when  demanded  by  the  proper  officer  of  the  de- 
partment under  whose  authority  such  contract  or  agreement  shall 
have  been  made  or  entered  into,  suit  shall  at  once  be  brought 
against  the  person  so  failing  or  refusing,  and  his  sureties,  for  the 
recovery  of  the  money  so  advanced.  (See  3739  R.  S.) 

SEC.  115.  Whoever,  being  an  officer  of  the  United  States,  shall 
on  behalf  of  the  United  States,  directly  or  indirectly  make  or  enter 
into  any  contract,  bargain,  or  agreement,  in  writing  or  otherwise, 
with  any  Member  of  or  Delegate  to  Congress,  or  any  Resident 
Commissioner,  after  his  election  or  appointment  as  such  Member, 
Delegate,  or  Resident  Commissioner,  and  either  before  or  after 
he  has  qualified,  and  during  his  continuance  in  office,  shall  be  fined 
not  more  than  three  thousand  dollars.  (See  3742  R.  S.)  See 
p.  524, 

SEC.  116.  Nothing  contained  in  the  two  preceding  sections  shall 
extend,  or  be  construed  to  extend,  to  any  contract  or  agreement 
made  or  entered  into,  or  accepted,  by  any  incorporated  company, 
where  such  contract  or  agreement  is  made  for  the  general  benefit  of 
such  incorporation  or  company;  nor  to  the  purchase  or  sale  of  bills 
of  exchange  or  other  property  by  any  Member  of  or  Delegate  to 
Congress,  or  Resident  Commissioner,  where  the  same  are  ready  for 
delivery,  and  payment  therefor  is  made,  at  the  time  of  making  or 


536  RECLAMATION     SERVICE     MANUAI,. 

entering  into  the  contract  or  agreement.  (See  3740  R.  S.)  See 
p.  516. 

Section  14  of  the  act  making  appropriations  for  the  construction, 
repair,  and  preservation  of  certain  public  works  on  rivers  and  har- 
bors, and  for  other  purposes,  provides  as  follows : 

SEC.  14.  That  it  shall  not  be  lawful  for  any  person  or  persons 
to  take  possession  of  or  make  use  of  for  any  purpose,  or  build 
upon,  alter,  deface,  destroy,  move,  injure,  obstruct  by  fastening 
vessels  thereto  or  otherwise,  or  in  any  manner  whatever  impair 
the  usefulness  of  any  sea  wall,  bulkhead,  jetty,  dike,  levee,  wharf, 
pier,  or  other  work  built  by  the  United  States,  or  any  piece  of 
plant,  floating  or  otherwise,  used  in  the  construction  of  such  work 
under  the  control  of  the  United  States,  in  whole  or  in  part,  for  the 
preservation  and  improvement  of  any  of  its  navigable  waters  or 
to  prevent  floods,  or  as  boundary  marks,  tide  gauges,  surveying 
stations,  buoys,  or  other  established  marks,  nor  remove  for  ballast 
or  other  purposes  any  stone  or  other  material  composing  such 
works. 

Approved,  March  3,  1899.     (30  Stat,  1152.) 

OFFENSES  WITHIN  THE  TERRITORIAL  JURISDIC- 
TION OF  THE   UNITED   STATES. 


The  following  sections  of  the  act  of  Congress  approved  March 
4,  1909,  entitled  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States"  (35  Stat,  1088),  went  into  effect 
January  1,  1910.  At  the  end  of  the  sections  are  citations  in  paren- 
theses referring  to  federal  statutes  on  the  same  subjects  in  force 
prior  to  January  1,  1910: 

SEC.  272.  The  crimes  and  offenses  defined  in  this  chapter  shall 
be  punished  as  herein  prescribed :  *  *  * 

Third.  When  committed  within  or  on  any  lands  reserved  or 
acquired  for  the  exclusive  use  of  the  United  States,  and  under  the 
exclusive  jurisdiction  thereof,  or  any  place  purchased  or  otherwise 
acquired  by  the  United  States  by  consent  of  the  legislature  of  the 
State  in  which  the  "same  shall  be,  for  the  erection  of  a  fort,  maga- 
zine, arsenal,  dock-yard,  or  other  needful  building.  (See  5339 
R.  S.)  *  *  * 

SEC.  289.  Whoever,  within  the  territorial  limits  of  any  State, 
organized  Territory,  or  District,  but  within  or  upon  any  of  the 
places  now  existing  or  hereafter  reserved  or  acquired,  described  in 
section  two  hundred  and  seventy-two  of  this  Act,  shall  do  or  omit 
the  doing  of  any  act  or  thing  which  is  not  made  penal  by  any  law 
of  Congress,  but  which  if  committed  or  omitted  within  the  jurisdic- 
tion o.f  the  State,  Territory,  or  District  in  which  such  place  is  sit- 
uated, by  the  laws  thereof  now  in  force  would  be  penal,  shall  be 


STATUTES.  537 

deemed  guilty  of  a  like  offense  and  be  subject  to  a  like  punishment- 
and  every  such  State,  Territorial,  or  District  law  shall,  for  the  pur- 
poses of  this  section,  continue  in  force,  notwithstanding  any  subse- 
quent repeal  or  amendment  thereof  by  any  such  State  Territory  or 
District.  (See  5391  R.  S.)  . 

RIGHT  OF  WAY  FOR  HIGHWAYS  OVER  PUBLIC 
LANDS. 

The  right  of  way  for  the  construction  of  highways  over  public 
lands,  not  reserved  for  public  uses,  is  herebv  granted 
Sec.  2477,  Rev.  Stat. 

RIGHT  OF  WAY  RESERVED  TO  UNITED  STATES. 

*     Provided,  That  in  all  patents  for  lands  hereafter  taken 
up  under  any  of  the  land  laws  of  the  United  States  or  on  entries  or 
claims  validated  by  this  act  west  of  the  one  hundredth  meridian,  it 
-shall  be  expressed  that  there  is  reserved  from  the  lands  in  said 
patent  described,  a  right  of  way  thereon  for  ditches  or  canals  con- 
structed by  the  authority  of  the  United  States.     *     * 
Approved,  August  30,  1890.     (26  Stat.,  391.) 

STATE  LAWS. 

The  following  is  a  synopsis  of  legislative  enactments  of  the  State 
or  Territorial  governments  directly  referring  to  the  National  Recla- 
mation Act  or  operations  thereunder : 

ARIZONA. 

Employees  of  the  Geological  Survey  are  authorized  to  enter 
upon  lands  within  Arizona  for  the  making  of  surveys  authorized 
by  Congress.  (Sess.  Laws,  1903,  p.  137.) 

The  Senate  and  House  of  Representatives  are  memorialized  to 
investigate  a  contract  between  the  Reclamation  Service  and  the 
Pacific  Gas  and  Electric  Company.  (Sess.  Laws,  1909,  p.  297.) 

Congress  is  memorialized  to  secure  certain  land  from  Mexico 
which,  if  acquired,  would  be  a  part  of  the  Yuma  project.  (Sess. 
Laws,  1909,  p.  298.) 

CALIFORNIA. 

The  State  will  co-operate  with  the  federal  government's  irriga- 
tion plans  provided  it  does  not  "interfere  with  the  water  already 
appropriated  or  in  reservoirs  or  now  in  use  for  irrigation  purposes, 


538  RECLAMATION   SERVICE   MANUAL. 

or  domestic  purposes,  under  the  laws  of  this  State.  (Sess.  Laws, 
1905,  p.  152.) 

An  act  to  provide  for  the  recordation  of  contracts  and  subscrip- 
tion agreements  to  stock  in  Water  Users'  Associations.  (Sess. 
Laws,  1907,  p.  749 ;  codified  at  Gen.  Laws,  Calif.,  Deering,  1909, 
Act  2983.). 

An  act  granting  rights  of  way  for  lines,  roads,  structures,  levees, 
canals  and  excavations  to  the  United  States  over  the  public  lands 
of  California.  (£ess.  Laws,  1907,  p.  848;  codified  at  Gen.  Laws 
Calif.,  Deering,  1909,  Act  2873.) 

Congress  is  memorialized  to  take  steps  to  secure  the  prompt  com- 
pletion of  the  Klamath  project.  (Sess.  Laws,  1911,  p.  1478.) 

COLORADO. 


For  the  sale  of  State  canal  No.  3  (Gunnison  Tunnel)  to  the 
Reclamation  Service.  (Sess.  Laws,  1903,  p.  292;  codified  at  Rev. 
Stat,.Colo.,  1908,  p.  1614,  §§  6928,  6929.) 

For  the  sale  of  State  lands  to  the  United  States  for  irrigation 
projects.  (Sess.  Laws,  1905,  p.  328,  §  22;  codified  at  Rev.  Stat, 

1908,  p.  1220,  §  5183.) 

Grant  of  right  of  way  to  the  United  States  over  State  lands  for 
irrigation  purposes.  (Sess.  Laws,  1905,  p.  332,  §  35;  codified  at 
Rev.  Stat.,  Colo.,  1908,  p.  1223,  §  5196;  amended,  Sess.  Laws, 

1909,  p.  503.) 

Fees  for  the  organization  of  a  water  users'  association,  and  for 
recording  stock  subscriptions,  etc.  (Sess.  Laws,  1905,  p.  360; 
codified  at  Rev.  Stat,  1908,  p.  400,  §§  1000  and  1001.) 

An  appropriation  to  permit  the  Attorney-General  to  investigate 
the  acts  of  the  Federal  Government  in  reference  to  the  public  lands 
and  waters.  (Sess.  Laws,  1909,  p.  199.) 

The  sum  of  $15,000  is  appropriated  to  pay  the  expenses  of  an  in- 
vestigation of  the  Rio  Grande  and  to  prove  the  injustice  of  the 
prohibition  by  the  Federal  Government  against  the  construction  of 
canals  and  reservoirs  in  Colorado.  (Sess.  Laws,  1909,  p.  206.) 

For  the  sale  of  State  lands  within  a  reclamation  project.  (Sess. 
Laws,  1909,  p.  505.) 

Appropriating  $50,000  to  investigate  the  Interior  Department, 
the  Reclamation  Service  and  the  Forest  Service  to  ascertain 
whether  the  right  of  Colorado  to  control  the  waters  in  the  State 
is  being  infringed.  (Sess.  Laws,  1911,  p.  671.) 

IDAHO. 

For  the  borrowing  of  money  by  irrigation  districts  from  the 
Reclamation  Fund,  see  also  Session  Laws,  1907,  p.  496.  (Sess. 


STATUTES.  539 

Laws,  1903,  p.  166;  codified  at  Rev.  Codes,  1908,  §§  2396,  2397 
2398.) 

The  United  States  is  granted  right  of  way  over  State  lands 
(Sess.  Laws,  1905,  p.  374;  codified  at  Rev.  Codes,  1908,  §  1638)  ; 
provides  for  the  sale  of  State  lands  under  irrigation  projects,  in 
accordance  with  farm-unit  classifications  (codified  at  Rev.  Codes, 
1908,  §  1583)  ;  exempts  water  users'  associations  from  the  payment 
of  an  annual  corporation  tax  (codified  at  Rev.  Codes,  1908,  § 
2842)  ;  and  permits  the  recordation  of  such  association's  articles 
of  incorporation  and  stock  subscriptions  without  charges  for  the 
printed  form.  (Codified  at  Rev.  Codes,  1908,  §  2843.) 

Urging  the  prompt  beginning  of  work  on  the  pumping  unit  of 
the  Minidoka  project.  (Sess.  Laws,  1907,  p.  580,  House  Joint 
Memorial  No.  5.) 

Congress  is  memorialized  to  enact  into  law  House  Bill  No.  6651 
ror  the  benefit  of  settlers  on  the  Minidoka  project.  (Sess.  Laws, 
1907,  p.  584,  House  Joint  Memorial  No.  4.) 

For  the  irrigation  of  State  lands  in  and  adjacent  to  Govern- 
ment reclamation  projects  and  authorizing  the  State  Land  Board 
to  make  contracts  for  that  purpose.  (Sess.  Laws,  1909,  p.  331.) 

Memorializing  Congress  to  enact  legislation  for  the  relief  of 
settlers  on  the  Minidoka  project.  (Sess.  Laws,  1909,  p.  445.) 

Memorializing  Congress  to  amend  the  Reclamation  Act  so  as  to 
provide  for  the  commutation  of  homestead  entries,  or  to  permit  the 
entrymen  to  obtain  a  conditional  title  after  five  years.  (Sess. 
Laws,  1909,  p.  448.) 

Authorizing  the  county  commissioners  to  secure  data,  etc.,  for 
the  purpose  of  procuring  Government  aid  to  irrigation  enterprises. 
(Sess.  Laws,  1911,  p.  25.) 

KANSAS. 

Instructing  the  Kansas  delegation  in  Congress  to  attempt  to  se- 
cure an  appropriation  from  the  Reclamation  Fund  to  develop  the 
underflow  of  the  Arkansas  River  to  irrigate  arid  lands  in  the  west- 
ern part  of  Kansas.  (Sess.  Laws,  1905,  p.  895.  See  also  p.  899.) 

MONTANA. 

The  United  States  may  make  appropriations  of  water  in  same 
manner  and  under  the  same  conditions  as  individuals,  and  three 
years  are  allowed  within  which  to  commence  work.  (Sess.  Laws, 
1905,  p.  80;  codified  Rev.  Codes,  1907,  §  4846.) 

For  the  sale  of  State  lands  within  United  States  irrigation  pro- 
iect  according  to  farm  units  as  fixed  by  United  States  and  subject 


540  RECLAMATION  SERVICE   MANUAL. 

to  limitations  of  Reclamation  Act  (Sess.  Laws,  1905,  p.  116;  codi- 
fied at  Rev.  Codes,  1907,  §  2211).  Also  provides  for  conveyance 
to  United  States  of  any  land  owned  by  the  State  needed  for  irri- 
gation works  and  grants  right  of  way  over  all  State  lands  for 
United  States  reclamation  canals,  etc.  (Codified  at  Rev.  Codes, 
1907,  §  2212.) 

Exempts  water  users'  associations  organized  in  conformity  with 
requirements  of  United  States  from  incorporation  and  annual  fran- 
chise tax.  (Sess.  Laws,  1905,  p.  150;  codified  at  Rev.  Codes,  1907, 
§  167.) 

Grants  United  States  right  to  condemn  existing  canals  when 
needed  or  condemn  a  right  to  enlarge  any  such  canal.  ( Sess.  Laws, 
1905,  p.  153;  codified  at  Rev.  Codes,  1907,  §  4891.) 

Joint  resolution  approves  co-operation  and  aid  of  Federal  Gov- 
ernment in  reclaiming  lands  and  instructs  all  officers  of  State  to 
facilitate  operation  of  government  in  all  ways  not  inconsistent  with 
law.  (Sess.  Laws,  1905,  p.  356.) 

Joint  resolution  petitioning  deferment  in  payment  of  water 
charges,  Lower  Yellowstone  project.  (Sess.  Laws,  1911,  p.  556.) 

Joint  resolution  petitioning  for  establishment  of  pleasure  grounds 
within  reclamation  projects.  (Sess.  Laws,  1911,  p.  559.) 

Joint  resolution  petitioning  legislation  to  relieve  settlers  on  Recla- 
mation project  in  Montana  east  of  Rocky  Mountains.  (Sess. 
Laws,  1911,  p.  562.) 

NEBRASKA. 

Grant  to  the  United  States  of  right  of  way  for  ditches,  etc., 
over  State  lands.  (Sess.  Laws,  1905.  p.  599;  codified  at  Comp. 
Stat,  1909,  §  6047a,  p.  1791.) 

Authorizing  county  clerks  and  recorders  to  accept  printed  books 
from  water  users'  associations  organized  under  the  National  Recla- 
mation Act  and  to  use  the  same  for  recording  stock  subscriptions 
of  such  association.  (Sess.  Laws.  1905,  p.  294;  codified  at  Comp. 
Stat.,  1909,  §  2453a,  p.  686.) 

For  the  sale  of  State  school  lands  to  a  lessee  of  lands  situate 
within  the  area  irrigated  or  to  be  irrigated  from  irrigation  works 
constructed  or  controlled  by  the  United  States  and  to  a  lessee  of 
any  40-acre  tract  or  Government  subdivision  one-half  of  which  is 
under  irrigation.  (Sess.  Laws,  1907.  p.  437;  codified  at  Comp. 
Stat,  1909,  §  5835,  p.  1726-1728.) 

Memorializing  Congress  to  issue  bonds  for  $500,000,000  to  be 
used  in  constructing  reservoirs  primarily  for  the  purpose  of  irri- 
gation and  secondarily  for  the  purpose  of  improving  the  rivers  and 
checking  floods,  the  money  to  be  expended  under  the  authority  of 
the  Reclamation  Service.  (Sess.  Laws,  1909,  p.  669.) 


STATUTES.  54 } 

Authorizing  the  United  States  to  furnish  legal  appropriators  with 
#ed  and  developed  waters  for  irrigation  ourooses.     f  SPS«  T.a«,o 


NEVADA. 

For  the  co-operation  of  the  State  with  the  Secretary  of  the 
Interior  in  carrying  out  the  purposes  of  the  Reclamation  Act. 
(Sess  Laws,  1903,  p.  18,  chap.  4.)  Sec.  2  of  said  chapter  was 
repealed  by  Laws,  1905,  p.  66,  §  1.  Sec.  3  was  amended  by  Laws, 

90o,  p.  193.  Sec.  18  was  amended  by  Laws,  1905,  p  66  §  2 
and  new  sections  23-28  were  added  by  Laws,  1905,  p.  67,  §  3.  The 
whole  of  said  chapter  4  was  repealed  by  Laws,  1907,  p.  38,  §  32 
(See  also  Sess.  Laws,  1911,  p.  440.) 

Granting  the  United  States  right  of  way  for  irrigation  purposes 
over  State  lands,  providing  for  the  sale  of  State  lands  in  projects 
in  accordance  with  the  farm  unit  classification,  and  providing  for 
the  recording  of  water  users'  association  articles  of  incorporation 
and  stock  subscriptions.  (Sess.  Laws,  1905,  p.  93,  chap.  64.) 

Assembly  Memorial  and  Joint  Resolution  to  the  Secretary  of 
the  Interior  relative  to  Federal  aid  towards  the  development  of 
artesian  and  subterranean  sources  of  water  supply.  (Sess.  Laws 
1905,  p.  271.) 

For  co-operation  between  the  State  Engineer  and  the  Reclama- 
tion Service.  (Sess.  Laws,  1907,  p.  32,  §  10.)  Nev.  Session 
Laws,  1907,  chap.  18,  p.  30,  is  amended  in  many  particulars  by 
laws,  1909,  p.  31,  chap.  31. 

Granting  the  United  States  the  right  of  eminent  domain.  (Sess. 
Laws,  1907,  p.  279.) 

For  the  appointment  by  the  State  Engineer  of  Reclamation  Ser- 
vice Engineers  as  assistant  State  Engineers.  (Sess.  Laws,  1909, 
p.  32,  §  3.) 

Congress  memorialized  to  pass  an  act  allowing  extensions  of 
time  for  payment  of  water-right  charges  on  reclamation  projects. 
(Sess.  Laws,  1909,  p.  337,  Assembly  joint  and  concurrent  resolu- 
tion No.  9.) 

Congress  requested  to  build  fishways  in  Government  dams,  etc. 
(Sess.  Laws,  1909,  p.  337,  Senate  joint  and  concurrent  resolution 
No.  4.) 

The  Secretary  of  the  Interior  memorialized  to  have  a  fish  ladder 
put  in  the  Derby  dam,  Truckee-Carson  project.  (Sess.  Laws, 
1909,  p.  338,  Assembly  joint  and  concurrent  resolution  No.  6.) 

Relative  to  the  Truckee  River  and  Lake  Tahoe.  (Sess.  Laws, 
1911,  p.  453,  Senate  concurrent  resolution  No.  5.) 


542  RECLAMATION   SERVICE   MANUAL. 

AN  ACT  Consenting  to  the  use  by  the  United  States  of  Lake  Tahoe,  its  waters, 
bed,  shores,  and  capability  of  use  for  reservoir  purposes,  in  connection  with 
the  Truckee-Carson  Project. 

SECTION  1.  That  for  the  purpose  of  aiding  the  Truckee-Carson 
Reclamation  Project  now  being  carried  out  by  the  Reclamation 
Service  of  the  United  States  of  America,  under  the  Act  of  Con- 
gress approved  June  17,  1902  (32  Stat.,  p.  388),  known  as  the 
Reclamation  Act,  and  acts  amendatory  thereof  or  supplementary 
thereto,  consent  is  hereby  given  to  the  use  by  the  United  States  of 
America  of  Lake  Tahoe,  situated  partly  in  the  State  of  California 
and  partly  in  the  State  of  Nevada,  and  the  waters,  bed,  shores  and 
capability  of  use  for  reservoir  purposes  thereof,  in  such  manner 
and  to  such  extent  as  the  United  States  of  America  through  its 
lawful  agencies  shall  think  proper  for  such  purpose,  and  as  fully 
as  the  State  of  Nevada  could  use  the  same;  provided,  however, 
that  the  consent  hereby  given  is  without  prejudice  to  any  existing 
rights  that  persons  or  corporations  may  have  in  Lake  Tahoe  or  the 
Truckee  River. 

Approved,  March  6,  1913. 

NEW  MEXICO. 

An  act  to  aid  in  the  construction  of  the  Reclamation  Service 
dam  at  Elephant  Butte.  (Sess.  Laws,  1905,  p.  109.) 

For  the  withdrawal  of  water  in  favor  of  United  States,  when- 
ever the  territorial  irrigation  engineer  is  advised  that  the  United 
States  intends  to  utilize  said  waters.  (Sess.  Laws,  1905,  p.  277, 
§  22;  amended,  see  Sess.  Laws,  1907,  p.  85,  §  40.) 

Protesting  against  the  passage  by  the  Senate  of  H.  R.  17,939, 
relating  to  the  construction  of  a  dam  and  reservoir  on  the  Rio 
Grande  in  New  Mexico.  (Sess.  Laws,  1905,  p.  382,  joint  me- 
morial 3.) 

The  United  States  granted  the  right  of  eminent  domain  for  irri- 
gation purposes.  (Sess.  Laws,  1907,  p.  74.) 

For  the  filing  in  the  office  of  the  Territorial  Engineer  of  the 
evidence  of  the  right  to  use  water  from  any  works  constructed  by 
the  United  States,  upon  assignment.  (Sess.  Laws,  1907,  p.  85, 
§  36.) 

For  a  vote  of  thanks  to  the  officers  of  the  Reclamation  Service 
and  for  a  celebration  at  Carlsbad,  New  Mexico.  (Sess.  Laws, 
1907,  p.  305,  Joint  Res.  No.  10.) 

Protest  to  the  Secretary  of  the  Interior  against  the  holding  of 
certain  agricultural  lands  from  entry,  said  lands  being  withdrawn 
under  the  Reclamation  Act.  (Sess.  Laws,  1907,  p.  309,  Joint  Me- 
morial No.  1.) 

Cities  obtaining  water  from  Government  irrigation  projects.. 
(Sess.  Laws,  1909,  p.  205.) 


STATUTES.  543 

Protesting  to  the  Secretary  of  the  Interior  against  further  hold- 
ing of  agricultural  lands  from  entry.  (Sess.  Laws,  1909  p  435 
Joint  Res.  No.  20.) 

NORTH  DAKOTA. 

^  Grants  to  United  States  of  right  of  eminent  domain  for  irriga- 
tion purposes.  (Sess.  Laws,  1905,  p.  45,  §  3;  codified  at  Rev 
Codes,  1905,  §  7606.) 

For  the  appropriation  of  waters  by  the  United  States.     (Sess. 
Laws,  1905,  p.  54,  §  36;  codified  at  Rev.  Codes,  1905,  §  7639  ) 
1905,  §  7639.) 

Grants  to  the  United  States  right  of  way  over  State  lands  for 
irrigation  purposes.  (Sess.  Laws,  1905,  p.  59,  §  60;  codified  at 
Rev.  Codes,  1905,  §  7663.) 

For  the  sale  of  State  lands  to  the  United  States  when  needed 
for  irrigation  works,  also  for  the  sale  of  State  lands  within  pro- 
jects according  to  the  farm-unit  classification.  (Sess.  Laws,  1905, 
p.  59-60,  §  61;  codified  at  Rev.  Codes,  1905,  §  7664.) 

The  State  or  municipalities  may  join  the  water  users'  associa- 
tions, and  such  association  is  granted  right  of  way  over  State  lands. 
(Sess.  Laws,  1905,  p.  345;  codified  at  Rev.  Codes,  §§  7667,  7668.) 

OKLAHOMA. 


Government  irrigation  works  shall,  while  under  Government 
control,  not  be  subject  to  Territorial  inspection.  (Sess.  Laws, 
1905,  p.  284.) 

"The  evidence  of  the  right  to  use  water  from  any  works  con- 
structed by  the  United  States  or  its  duly  authorized  agencies  shall 
in  like  manner  be  filed  in  the  office  of  the  Territorial  Engineer 
upon  assignment."  (Sess.  Laws,  1905,  p.  286.) 

The  appropriation  of  water  by  the  United  States.  (Sess.  Laws, 
1905,  p.  287.) 

The  United  States  is  granted  right  of  way  over  Territorial  lands 
for  ditches,  etc.,  constructed  by  authority  of  the  United  States. 
(Sess.  Laws,  1905,  p.  295.) 

The  disposal  of  Territorial  lands  within  reclamation  projects  is 
provided  for.  (Sess.  Laws,  1905,  p.  295,  §  47.) 

Water  Users'  Associations  are  exempted  from  taxes;  their  arti- 
cles of  incorporation  and  stock  subscriptions  shall  be  recorded 
without  charge  except  for  the  words  actually  written;  and  the  ac- 
quirement by  water  users'  associations  of  prior  water  rights  is  pro- 
vided for.  (Sess.  Laws,  1905,  p.  296,  §§  48-50.) 


544  RECLAMATION   SERVICE   MANUAL. 

OREGON. 

The  Malheur  and  all  other  water  users'  associations  are  exempt 
from  the  payment  of  annual  corporation  taxes.  (Sess.  Laws,  1905, 
p.  139.) 

For  the  incorporation  of  the  Malheur  irrigation  district  to  co- 
operate with  the  Reclamation  Service.  (Sess.  Laws,  1905,  pp. 
195-203;  Lord's  Oregon  Laws,  §§  6218-6231.)  This  act  was  re- 
pealed by  chap.  40  of  1911,  Session  Laws,  p.  63. 

For  the  appropriation  of  water  by  the  United  States.  Plans 
must  be  filed  within  three  years  from  date  of  notice,  and  work 
must  be  authorized  by  the  United  States  within  four  years.  (Sess. 
Laws,  1905,  chap.  228,  sec.  2,  p.  401;  codified  at  Lord's  Oregon 
Laws,  §  6588.) 

For  a  State  hydrographic  survey  and  a  State  adjudication  of 
water  rights  on  all  streams  where  construction  is  contemplated  by 
the  United  States.  (Sess.  Laws,  1905,  chap.  228,  sec.  3,  p.  402; 
codified  at  Lord's  Oregon  Laws,  §  6589.) 

For  hydrographic  and  topographic  surveys  and  for  co-operation 
with  the  United  States.  (Sess.  Laws,  1905,  chap.  228,  sec.  10,  p. 
404;  codified  at  Lord's  Oregon  Laws,  §  6590.) 

For  the  sale  of  State  lands  on  reclamation  projects  by  farm  units. 
All  State  lands  needed  for  construction  works  are  to  be  conveyed 
to  the  United  States  without  charge.  (Sess.  Laws,  1905,  chap. 
228,  sec.  11,  p.  405;  codified  at  Lord's  Oregon  Laws,  §  6591.) 

The  United  States  is  granted  right  of  way  over  State  lands  for 
ditches,  canals  or  reservoirs  for  irrigation  purposes.  (Sess.  Laws, 
1905,  chap.  228,  sec.  12,  p.  405;  codified  at  Lord's  Oregon  Laws. 
§  6592.) 

The  Klamath  Water  Users'  Association  is  relieved  from  the  pay- 
ment of  annual  corporation  taxes,  and  refunds  to  the  corporation 
the  taxes  already  paid.  (Sess.  Laws,  1907,  p.  162.) 

The  Umatilla  River  Water  Users'  Association  is  relieved  from 
the  payment  of  the  annual  license  fee  imposed  on  private  corpora- 
tions. (Sess.  Laws,  1907,  p.  287.) 

For  the  enclosing  and  use  of  and  for  tree  planting  on  portions  of 
country  roads  within  the  limits  of  irrigation  projects  under  the 
control  of  the  Reclamation  Service.  (Sess.  Laws,  1907,  p.  300; 
codified  at  Lord's  Oregon  Laws,  1910,  §§  6472,  6473.) 

Appropriation  for  the  support,  maintenance  and  development  of 
an  experiment  station  upon  the  Umatilla  project.  (Sess.  Laws. 
1909,  p.  156,  chap.  96.) 

The  United  States  is  granted  the  right  of  eminent  domain  for 
irrigation  purposes.  (Sess.  Laws,  1909,  p.  342,  chap.  216,  §  72.) 

The  Oregon  Senators  and  Representatives  in  Congress  are  re- 
quested to  use  their  influence  with  the  Reclamation  Service  to  the 
end  that  the  Reclamation  Service  may  take  up  the  Malheur  irri- 


STATUTES.  545 

gation  project.  (House  joint  memorial  No.  4,  Laws  1909  p 
504.) 

Irrigation  districts  authorized  to  enter  into  contracts  with  the 
Reclamation  Service.  (Laws,  1909,  chap.  219,  p.  364,  §  1;  Lord's 
Oregon  Laws,  §  6181.) 

Irrigation  districts  authorized  to  enter  into  contract  with  the 
United  States  in  lieu  of  all  or  part  of  bond  issue.  (Laws,  1909, 
chap.  219,  p.  364,  §  2;  Lord's  Oregon  Laws,  §  6183.) 

Provides  for  taxation  of  irrigation  districts  to  pay  indebtedness 
to  the  United  States.  (Laws,  1909,  chap.  219,  p.  36"9,  §  7;  Lord's 
Oregon  Laws,  §  6193.) 

The  United  States  is  granted  the  right  of  way  across  lands  in  the 
State  for  the  construction  of  irrigation  works.  The  Act  also  pro- 
vides for  the  enlargement  by  the  United  States  of  existing  ditches 
or  canals.  (Sess.  Laws,  1911,  chap.  238,  p.  421.) 

The  Oregon  Senators  and  Representatives  in  Congress  are  re- 
quested to  use  their  earnest  endeavors  to  secure  the  speedy  com- 
pletion of  the  Klamath  and  Umatilla  projects.  (Senate  Joint  Me- 
morial No.  3;  Sess.  Laws,  1911,  p.  531.) 

The  enactment  by  Congress  is  urged  of  a  law  that  desert-land- 
entry  patent  within  irrigation  projects  shall  issue  upon  satisfactory 
proofs  of  reclamation  under  desert-land  laws  subject  to  the  lien  of 
the  Government  for  the  payment  of  the  water-right  charges.  (Sen- 
ate Joint  Memorial  No.  7;  Sess.  Laws,  1911,  p.  533.) 

Congress  is  requested  to  re-enact  Sec.  9  of  the  Reclamation  Act. 
(House  Joint  Memorial  No.  1;  Sess.  Laws,  1911,  p.  535.) 

The  maps,  drawings,  etc.,  in  connection  with  the  abandoned 
Owyhee  project  it  is  requested  be  turned  over  to  the  Owyhee  Irri- 
gation District.  (House  Joint  Memorial  No.  14;  Sess.  Laws, 
1911,  p.  542.) 

SOUTH  DAKOTA. 

The  United  States  is  granted  the  right  of  eminent  domain  over 
State  lands  for  the  construction  of  irrigation  works.  (Sess.  Laws, 
1905,  p.  201,  §  3.  See  also  Sess.  Laws,  1907,  p.  373,  §  3.) 

For  the  filing  in  the  State  Engineer's  Office  of  the  evidence  of 
the  right  to  use  water  from  any  works  constructed  by  the  United 
States,  upon  assignment.  (Sess.  Laws,  1905,  p.  208,  §  31.) 

The  appropriation  of  water  by  the  United  States.  (Sess.  Laws, 
1905,  p.  209,  §  36.  See  also  Sess.  Laws,  1907,  p.  384,  §  37.) 

The  United  States  is  granted  right  of  way  for  irrigation  pur- 
poses over  State  lands.  (Sess.  Laws,  1905,  p.  214,  §  57.  See  also 
Sess.  Laws,  1907,  p.  388,  §  58,  amended  by  Sess.  Laws,  1911,  p. 
467,  chap.  262.) 

For  the  sale  of  State  lands  in  reclamation  projects  in  accordance 
with  farm-unit  classification.  (Sess.  Laws,  1905,  p.  214,  §  58. 
See  also  Sess.  Laws,  1907,  p.  389,  §  59.) 


546  RECLAMATION   SERVICE   MANUAL. 

The  County  Commissioners  are  authorized  to  accept  for  use  as 
public  records  books  of  water  users'  associations.  (Sess.  Laws. 
1907,  p.  488,  chap.  249.) 

An  Act  relating  to  powers  of  water  users'  associations  organized 
in  conformity  with  the  requirements  of  the  United  States  under  the 
Reclamation  Act.  (Sess.  Laws,  1909,  p.  155.) 

TEXAS. 

An  Act  authorizing  the  operation  of  the  Reclamation  Act  in 
Texas.  (Sess.  Laws,  1905,  p.  151.) 

Water  users'  associations  exempted  from  the  payment  of  charter 
fees  and  franchise  taxes.  (Sess.  Laws,  1911,  p.  42.) 

UTAH. 

House  Joint  Resolution  extending  welcome  to  the  eleventh  Na 
tional  Irrigation  Congress.  (Sess.  Laws,  1903,  p.  3.) 

An  Act  providing  for  a  commission  to  secure  to  Utah  the  benefits 
of  the  reclamation  fund.  (Sess.  Laws,  1903,  p.  60.)  This  com- 
mission was  abolished  by  Session  Laws,  1905,  p.  76,  chap.  70. 

The  State  Engineer  may  co-operate  with  the  National  Govern 
ment  in  carrying  out  the  Reclamation  Act.  (Sess.  Laws,  1905,  p 
146,  §  6;  codified  at  Compiled  Laws,  1907,  §  1266.) 

Water  rights  from  Government  canals  shall  be  appurtenant  to 
land.  (Sess.  Laws,  1905,  p.  162,  §  60;  codified  at  Compiled  Laws. 
1907,  §  1288x31.) 

Provisions  in  regard  to  the  incorporation  of  water  users'  asso- 
ciation. (Sess.  Laws,  1905,  p.  169;  codified  at  Compiled  Laws. 
1907,  §  316.) 

Right  of  way  granted  to  United  States  over  State  lands  (Sess. 
Laws,  1905,  p.  176;  see  Compiled  Laws,  1907,  §  2364),  and  pro- 
vides that  State  lands  within  an  irrigation  project  shall  be  sold  in 
accordance  with  farm-unit  classification.  (See  Compiled  Laws, 
1907,  §  2336x.) 

For  the  recording  of  articles  of  incorporation  and  stock  subscrip- 
tions of  water  users'  associations.  (Sess.  Laws,  1907,  p.  32;  codi- 
fied at  Compiled  Laws,  1907,  §  632x4.) 

The  right  of  eminent  domain  is  granted  to  the  United  States 
for  "all  public  uses  authorized  by  the  Government  of  the  United 
States."  (Sess.  Laws,  1907,  p.  143,  chap.  114,  §  1;  see  Compiled 
Laws,  1907,  §  3588.  See  also  Sess.  Laws,  1909,  p.  50.) 

WASHINGTON. 

The  United  States  is  granted  the  right  of  eminent  domain  for 
irrigation  purposes,  and  the  right  to  use  a  natural  water  course  for 


STATUTES.  547 

the  delivery  of  water.  Provision  is  made  for  the  withdrawal  by 
the  State  of  water  on  behalf  of  the  United  States,  for  the  appro- 
priation of  water  by  the  United  States  in  the  same  manner  as  other 
water  is  appropriated,  for  a  right  of  way  over  State  lands  for  Gov- 
ernment irrigation  works,  for  the  sale  of  State  lands  in  irrigation 
projects  in  accordance  with  the  farm-unit  classification,  for  the 
exemption  of  water  users'  associations  from  the  payment  of  incor- 
poration tax,  and  for  the  recording  of  such  associations'  articles 
of  incorporation  and  stock  subscriptions  without  charge  for  the 
printed  forms.  (Sess.  Laws,  1905,  p.  180,  chap.  88.  See  also 
Rem.  &  Bal.  An.  Codes  and  Statutes  of  Wash.,  §§  6408-6415.) 

Congress  is  memorialized  to  take  up  the  construction  of  an  irri- 
gation project  along  the  east  bank  of  the  Columbia  River  in 
Stevens  County  from  the  mouth  of  Colville  River  south  to  the 
Ward  Flats.  (Sess.  Laws,  1905,  p.  380,  Senate  Joint  Memorial 
No.  4.) 

Congress  is  memorialized  to  take  up  the  Okanogan  project 
(Sess.  Laws,  1905,  p.  382,  Senate  Joint  Memorial  No.  6.) 

Congress  is  petitioned  to  relieve  certain  homestead  entrymen  on 
the  Okanogan  project.  (Sess.  Laws,  1907,  p.  778,  Senate  Joint 
Memorial  No.  5.) 

An  Act  relieving  the  Tieton  Water  Users'  Association  for  ex- 
penditures made  by  the  United  States  on  the  construction  of  State 
Road  No.  5.  (Sess.  Laws,  1909,  p.  421.) 

Congress  is  petitioned  to  appropriate  money  for  the  Big  Bend 
project.  (Sess.  Laws,  1909,  p.  1032,  House  Joint  Memorial 
No.  2.) 

WYOMING. 

For  the  construction,  etc.,  of  reservoirs.  Reference  is  also  made 
to  reservoirs  constructed  by  the  United  States.  (Sess.  Laws,  1903, 
p  75.  Sec.  7  is  amended  Sess.  Laws,  1905,  p.  14.  Codified  at 
Comp.  Stat,  1910,  §  746.) 

The  United  States  is  granted  right  of  way  over  State  land  for 
reclamation  purposes.  (Sess.  Laws,  1905,  p.  134.  Codified  at 
Comp.  Stat,  1910,  §  3890.) 


INDEX. 


[Note. — Black-face  figures  indicate  that  the  full  text  of  the 
statute  is  printed  at  the  page  indicated.] 

Page. 

Absence,  leave  confined  to  current  year 173-174 

deduction    for   excess 177 

half-holiday  ending 177 

instructions   relative   to 172-177 

Absence  account  of  sickness,  physician's  certificate..  174 

Absence  without  leave,  penalty  for 177 

Absence  without  pay,  leave  of 176 

Absence  of  entrymen 180-181 

Abstract  of  bids 28,  29 

Abstract  of  collections  (Form  7-405),  use  of 345,  353 

what  should  be  shown  on 59-60 

Abstract  of  disbursements,  what  should  be  shown  on  59-60 

(Form  7-404),  use  of 345,  353-354 

Abstracts  of  title 228-229 

in   condemnation   cases 

extension  to  date 

not  needed  when  land  donated 

owner  required  to  furnish 

transmission  to  U.  S.  Attorney 225 

Abutments,  bridge,  standard  designs  for 126 

Accidents,  compensation  for  injuries 201-208,210,529-531 

insurance    against 

records  of  employees  in  case  of 171-172 

relief  in  case  of,  association  for 198-199 

reports  of 

Account  numbers,  use  of 

Accountant,  equipment  required  for 

work  under  charge  of 261,  262 

Accounting,   collections    

contractor's   costs    73-77 

Indian  irrigation  work,  method  of 

mercantile   store    246 


550  INDEX 

Accounting. — Continued. 

Page. 

operation  and  maintenance 256 

suspended  contracts    104-112 

project  offices,  organization  for 1-6 

Accounting  officers,  authority  to  correspond  with.  ...  35 

Accounts,  administrative  examination  of 348 

allowance  of  when  checks  not  received 348 

audit  and  payment  of 5 

classification  of 6-21,  194-195 

defaulting  contractors,  closing  out  of 110—111 

distinction  between  claims  and 59 

examination  and  approval  of,  authority  for 35 

examination   of    524 

inspection  of  by  water  users  and  others 210-211 

liability,  instructions  relative  to 243 

settlement  of  in  Treasury  Department 512 

suspended  contracts,  keeping  of 106 

suspense,  keeping  of 108-109 

three  or  more  years  inactivity 341 

transactions  covered  by 345-346 

transfers  of 53 

Accounts  current  (Form  7-400),  use  of 345,  351 

Accounts  payable,  abstracts  of 43 

classification  of 9-12 

Accounts  payable  account,  purpose  of 47 

Accounts  unpaid,  record  of ; 289-290 

Accruals,  entry  of 21,  463 

Acknowledgments,  how  to  make 21 

observance  of  formalities  in 83 

Acts  of  Congress: 

June  2,    1862   (12  Stat,  411),  contracts  filed  in 

Returns  office 93 

June  20,  1874  (18  Stat.,  109),  extra  compensation 

or  perquisites   514 

March  3,  1875  (18  Stat.,  452),  travel  expense. . . .  425,  514 

March  3,  1875  (18  Stat.,  482),  rights  of  way 189,  316 

March  3,  1877  (19  Stat.,  335),  postal  laws 266-267 

June  20,  1878  (20  Stat.,  216),  advertising  rates. . .  526 

July  5,  1884  (23  Stat.,  158),  penalty  envelopes. .  . .  267 


INDEX  551 

Acts  of  Congress. — Continued. 

Page. 

Feb.  26,  1885  (23  Stat.,  332),  eight-hour  law 98 

Feb.  23,  1887  (24  Stat.,  414),  eight-hour  law. ...  98 

Aug.  30,  1890  (26  Stat.,  391),  canal  right  of  way.  189-190, 

192,  235,  237,  537 

March  3,  1891  (26  Stat.,  1095),  right  of  way. 310-311,  316 

August  1,  1892  (27  Stat,  340),  eight-hour  law. 97,  133,  136, 

445,  526-527 

July  31,  1894  (28  Stat.,  207),  decisions  of  Comp- 
troller      66,  516 

July  31,  1894  (28  Stat.,  207),  accounting  officers. .  348 

July  31,  1894  (28  Stat.,  209),  transmission  of  ac- 
count current 351 

July  31,  1894  (28  Stat.,  210),  contracts  to  be  filed 

in  Auditor's  office 524 

August  13,  1894  (28  Stat.,  278),  suit  on  contrac- 
tor's bond   93 

August  13*,  1894  (28  Stat.,  297),  sureties  on  con- 
tracts     ' 86 

March  15,  1898  (30  Stat.,  316),  leave  of  absence 

for  employees 172>  531-532 

July  7,  1898  (30  Stat.,  653),  leave  of  absence  for 

employees    172, 532 

February  24,  1899  (30  Stat.,  890),  leave  of  absence 

for  employees 172,  532 

March  3,    1899   (30  Stat.,    1152),   destruction   of 

property    •„' 286 

"  February  15,  1901  (31  Stat,  790),  right  of  way. .  311 

June  17,   1902  (32  Stat.,  388),  Reclamation  Act 

35,98,254,471-474 

April  21,  1904  (33  Stat.,  224),  Indian  lands  along 

Colorado   River    503-504 

April  21,  1904  (33  Stat.,  225),  Pyramid  Lake  In- 
dian Reservation   504-505 

April  27,  1904  (33  Stat.,  357),  Crow  Indian  Reser- 
vation      505-506 

April  27,  1904  (33  Stat.,  422),  damage  for  breach 

of  contract  by  U.  S • 104 

April  28,   1904   (33  Stat.,  591),  investigation  of 


552  INDEX 

Acts  of  Congress. — Continued. 

Page. 

waters  of  Lower  Colorado  River 493 

February  8,  1905  (33  Stat.,  706),  use  of  materials 

from  public  lands  and  forests 311,  474-475 

February  9,  1905  (33  Stat.,  714),  changing  levels 

of  lakes  in  California  and  Oregon 493-494 

Feb.  24,  1905  (33  Stat.,  811),  bonds  of  contractors 
on  public  works 84,  92-93,  103,  264,  521-523 

February  25,  1905  (33  Stat.,  814),  construction  of 

Rio  Grande  dam  496 

March  3,  1905  (33  Stat.,  1032),  disposal  of  proceeds 

of  sales  of  property  and  refunds  of  money.  280,  345,  475 

March  3,  1905  (33  Stat.,  1045),  dams  across  Yel- 
lowstone River,  Mont 495 

February  27,  1906  (34  Stat.,  48),  expenditures  in 

excess  of  appropriations 517 

Feb.  27,  1906  (34  Stat.,  49),  voluntary  employ- 
ment   150 

March  6,  1906  (34  Stat.,  53),  Yakima  Indian  Res- 

ervatio'n  509-512 

March  22,  1906  (34  Stat.,  82),  Colville  Indian  Res- 
ervation   512 

April  16,  1906  (34  Stat.,  116),  townsites  and  leas- 
ing power  394,  475-476 

June  9,  1906  (34  Stat.,  228),  Fort  Shaw  Military 

Reservation  .  . . ./ 495-496 

June  12,  1906  (34  Stat.,  259),  extension  of  Recla- 
mation Act  to  Texas 480 

June  21,  1906  (34  Stat.,  327),  sale  of  lands  allotted 

to  Indians 500-501 

June  27,  1906  (34  Stat.,  519),  farm  units,  town- 
sites  and  desert  land  entries 380,  394,  477-479 

June  30,  1906  (34  Stat.,  663),  rent  of  office  accom- 
modations    492 

June  30,  1906  (34  Stat.,  674),  inspection  of  meat. .  100 

June  30,  1906  (34  Stat.,  763),  payment  of  em- 
ployees   ,. .  446,  518 

March  1,  1907  (34  Stat.,  1015),  employment  of 

Indian  labor  500 


INDEX  553 

Acts  of  Congress. — Continued. 

Page. 

March  1,  1907.  (34  Stat,  1018),  conveyance  of  land 

by  noncompetent  Indians 501 

March  1,  1907  (34  Stat.,  1022),  irrigation  for  Pima 

Indians 5Q3 

March  1,  1907  (34  Stat.,  1037),  Blackfeet  Indian 

Reservation  506 

March  4,  1907  (34  Stat.,  1357),  appropriation  for 

Rio  Grande  dam 498 

April  30,  1908  (35  Stat.,  85),  irrigation  of  Indian 

lands  502 

May  27,  1908  (35  Stat.,  350),  assignment  of  pay. .   334,  492 

May  27,  1908  (35  Stat.,  350),  purchase  of  books 

and  periodicals 492 

May  29,  1908  (35  Stat.,  444),  issuance  of  patents  to 

purchasers  of  Indian  lands 501-502 

May  30,  1908  (35  Stat.,  562),  Fort  Peck  Indian 

Reservation 506-507 

May  30,  1908  (35  Stat.,  556),  compensation  of  in- 
jured employees  202,  334,  529-531 

March  3,  1909  (35  Stat.,  782),  allotment  of  lands 

to  Indians 503 

March  3,  1909  (35  Stat.,  797),  Crow  Indian  Res- 
ervation    506 

March  4,  1909  (35  Stat.,  1088),  penal  laws 533-537 

March  4,  1909  (35  Stat.,  1109),  contract  for  bene- 
fit of  corporation 97 

March  4,  1909  (35  Stat.,  1045),  investigation  of 

reclamation  land  by  Department  of  Agriculture  493 

August  5,  1909  (36  Stat.,  125),  official  bond 49 

March  23,  1910  (36  Stat.,  241),  sureties  on  con- 
tract bonds  86 

April  4,  1910  (36  Stat.,  285),  Uintah  Indian  Res- 
ervation    508-509 

June  11,  1910  (36  Stat.,  465),  reappraisal  of  unsold 

lots  396,  479-480 

June  20,  1910  (36  Stat.,  559),  extract  from  New 

Mexico  enabling  act  499 

June  20,  1910  (36  Stat.,  570),  extract  from  Ari- 


554  INDEX 

Acts  of  Congress. — Continued. 

Page. 

zona  enabling  act 499 

June  23,  1910  (36  Stat.,  592),  assignment  of  home- 
stead entries  484 

June  25,  1910  (36  Stat.,  835),  second  form  lands, 

186-187,  288,  469,  482 

June  25,  1910  (36  Stat.,  835),  advances  to  Recla- 
mation Fund  481-482 

June  25,  1910  (36  Stat.,  847),  withdrawals  for 

power  271 

June  25,  1910  (36  Stat.,  851),  suits  against  the 

United  States  by  patentees 532-533 

June  25,  1910  (36  Stat.,  858),  withdrawals  in  In- 
dian reservations  499—500 

June  25,  1910  (36  Stat.,  864),  leave  of  absence. .  487 

Feb.  2,  1911  (36  Stat.,  895),  sale  of  land  acquired 

under  Reclamation  Act 221-222,  264,  483 

February  13,  1911  (36  Stat.,  902),  public  notices 

and  water-right  applications  483-484 

Feb.  18,  1911  (36  Stat,  917),  second  form  lands. .   469,  485 

February  21,  1911  (36  Stat.,  925),  disposition  of 
surplus  water  and  cooperation  in  construc- 
tion   455,  490-492 

February  24,  1911  (36  Stat.,  930),  leasing  surplus 

power  and  power  privileges 271,  476-477 

March  3,  1911  (36  Stat,  1053),  Pyramid  Lake  In- 
dian Reservation  504 

March  3,  1911  (36  Stat,  1087,  1135),  Court  of 

Claims 208 

March  4,  1911  (36  Stat,  1355),  punishment  for 

false  reports  519-520 

March  4,  1911  (36  Stat.,  1452),  compensation  of 

injured  employees  531 

March  4,  1911  (36  Stat.,  1355),  false  representa- 
tions    427 

August  15,  1911  (37  Stat.,  16),  insurance  com- 
panies    198-199 

March  11,  1912  (37  Stat.,  74),  compensation  for 

injured  employees  531 


INDEX  555 

Acts  of  Congress. — Continued. 

Page. 

April  30,  1912  (37  Stat.,  105),  relief  of  homestead 

entrymen    .  . .  . 490 

June  6,  1912  (37  Stat.,  133),  homestead  entries. .   485-487 

June  19,  1912  (37  Stat.,  137),  eight-hour  law.  .134,  527-529 

June  26,  1912  (37  Stat,  184),  association  fees  and 

transfer  of  property 518 

July  24,  1912  (37  Stat.,  200),  assignment  of  desert 

land  entries 484 

August  9,  1912  (37  Stat.,  265),  patents  on  Recla- 
mation entries,  etc 58,  459,  487-489 

August  10,  1912  (37  Stat.,  277),  co-operation  with 

Bureau  of  Plant  Industry 512 

August  21,   1912  (37  Stat.,  322),  conveyance  of 

block  in  Powell,  Wyo.,  to  school  district 480 

August  23,  1912  (37  Stat.,  375),  examination  of 

accounts    524 

August  23,  1912  (37  Stat.,  414),  telephone  service, 

390,  431,  525-526 

August  24,  1912  (37  Stat.,  487),  authority  to  ad- 
minister oaths  252,  427,  513-514 

August  24,  1912  (37  Stat.,  488),  membership  fees 

in  societies,  etc   519 

August  24,  1912  (37  Stat.,  518),  cooperation  with 

Indian  Service    503 

August  24,  1912  (37  Stat.,  527),  Flathead  Indian 

Reservation    508 

August  24,  1912  (37  Stat.,  557),  parcel  post 270 

August  26,  1912  (37  Stat.,  610),  patents  on  Recla- 
mation desert  entries   489-490 

August  26,  1912  (37  Stat.,  626),  transfer  of  em- 
ployees   . . .... . .... . ........  * 152 

Actions,  see  Suits. 

Administration,  payment  of  checks  without 335-336 

Administration  expense  

Administration  expense  accounts,  designation  of 42 

Administrators,  execution  of  land  contracts  by. .....  226 

Advance  payments,  authority  to  make  in  certain  cases,  298 


556  INDEX 

Page. 

Advance,  of  public  moneys  prohibited 515 

to  the  Reclamation  Fund 481-482 

of  credit,  request  for 355 

of  personal  funds 442-443 

Advertisements   and  bids 22-31 

Advertisements,  proposals  and  contracts 523 

Advertising,  by  circulars  and  posting  notices r.  4—5 

forms  of 25 

in  securing  personal  services,  requirements 263-264 

lease  of  Government  lands 242-243 

necessity  for 137-138 

newspaper  250-251,  526 

newspaper,  competition  not  required  in 23 

payment  of  claims  for 59 

not  required  in  exigencies 103 

not  required  to  secure  personal  service 150 

requirements  for,  nature  of 24,  66,  441 

purchase  of  cement 55 

requirement  in  making  purchases 291 

schedule  of  rates  for,  filing  of 25 

vouchers  for 25 

when  not  required 22-24 

See  also  Competition. 

Affidavit,  execution  of  before  postmasters,  etc 427 

fee  for,  when  not  allowed 252,  427 

omission   of 443 

of  disinterestedness 95 

of  disinterestedness,  notarial  fee 252 

Agreement,  see  Contract. 

Agreement  to  sell,  definition  of 258 

Agricultural  Department,  co-operation  with 512 

experimental  farms 184 

investigation  of  reclamation  lands  by 493 

Aid  from  public,  acceptance  of 31 

Alkali,  relief  for  lands  affected  by 263 

Allotment,  approval  by  Secretary 36 

requests  for,  how  to  make 36 

funds  for  construction  of  projects 34 


INDEX  557 

Page. 

Amendment  of  farm-unit 190-191 

of   irrigable   areas Igg 

Animals,  branding  of 3 

contractors,  cost  of  work  of 75 

hire  of    4,  3i_32)  1Q1 

private  use  of 388 

report  of  work  of  in  time  book 393 

responsibility  for  care  of 112 

sale  of   282 

services  of,  record  of 52 

possession  taken  of  upon  default 90 

Annual  report,  material  for,  rendition  of 306 

Appeals  by  contractors,  allowance  of 102-103 

from  Auditor's  settlement 67 

to  Director  and  Secretary 32-33 

Application  for  leave  of  absence 173 

Appointees,  classification  of 141 

designation  on  payroll  of 146 

Appointment,   appraisers 264 

authority  to  make.  . , 34,  145-146,  260 

certification  for    158 

effect  of,  date  of 145-146 

fixed,  how  to  make . .  . .- 165 

fixed,  through  district  secretaries 165 

non-educational  positions 162 

persons  eligible  for 143 

preference,  under  R.  $.,  1754 162 

regulations  governing 150 

temporary,  reports  of 159 

Apportionment  of  charges 472-473 

Appraisal  of  equipment  under  suspended  contract.  . .  107 

of  lands  to  be  sold 221-222,  483 

of  town  lots 396,  475-476 

of  town  lots,  authority  for 478 

and  sale  of  lots,  expenses  of,   to  be  paid  from 

Reclamation  Fund 478 

Appraisers,   appointment  of 264 

Appropriation,  contract  must  not  exceed 523 

expenditure  in  excess  of 517 


558  INDEX 

Appropriation. — Continued. 

Page. 

work  of  Service  founded  upon 35 

account,  credits  and  debits  to. 46 

bookkeeping   43 

journal    45 

of  twenty-million  dollars 481 

of  water 454 

Approval,  distinction  between  certification  and 451 

Approximation,  rule  of 184 

Area,  farm  unit,  determination  of 186 

Arizona,  enabling  act  of,  extracts  from 498—499 

Indian  lands  in,  irrigation  of 503 

laws  of 537 

Arkansas  River,  underflow  of,  investigation  of 539 

Artesian  wells,  drilling  of 465 

Artisans,  compensation  for  injuries  to 201-208,  529-531 

Assignees,  patent  for  lands  issued  to 484 

residence  requirements  of 459 

Assignments,  amendments  occasioned  by 191 

of  claims 514-515 

of  contract,  clause  prohibiting 97 

of  desert  land  entries 484 

of  homestead  entries 484 

of  pay  of  employees ' 333-334,  492 

Associations,  membership  fees  in 518,  519 

See  also  Water  Users'  Association. 
Attorney  General,  opinion  June  21,  1906,  Horace  J. 

Dresser   234 

request  to  institute  suits 370 

Auctioneer,  employment  and  payment 281 

Auditor,  bond  to  be  filed  with 84 

contracts  to  be  filed  with 93,  524 

examination  by    348 

land  purchase  vouchers,  transmission  to 225 

statement  of  differences  by 349 

settlements  of,  appeals  from 67 

settlement  of,  prompt  response  to  be  made  to. ...  351 

suspensions  by,   appeals  from 68 

Authority,  specific  and  general,  distinction  between. .  35-36 


INDEX  559 

Authority. — Continued. 

Page. 

for  execution  of  contracts 79-80 

for  purchase  of  land 223 

for  travel 433 

required  before  incurring  expenses 35 

to  dispose  of  property .'  280 

to  grant  leave  of  absence 173 

work  orders,  purpose  of 36 

Authorized  work  account,  credits  and  debits  to 46-47 

Authorizing  work  and  apportioning  funds 33-49 

Automobile,  registration  of,  necessity  for 360 

Auxiliary  account  (Form  7-408),  use  of 354 

Award  should  be  made  without  unreasonable  delay. .  291 

Azimuth,   observations   for 375 

Badge,  identification,  deduction  from  pay  for.  ......  151 

Baggage,  excess,  charges  for  not  allowed 430,  443 

excess,   transportation   of 183 

transfer,  checking  and  handling  of 430 

Balance  sheet,  project,  classification  of 43-44 

Balances,  analyses  of 346 

Baths,   allowance   for 431 

Bench  marks,  establishment  of 372,  375 

Beneficial  use,  the  measure  of  quantity  of  water  fur- 
nished      457 

the  basis,  measure  and  limit  of  the  right 474 

Betterment,  cost  keeping  of 122 

Betterment  charges,  included  in  term  "Construction"  58 

provision  of  law  regarding 488 

Bidders,  agreement  of  to  furnish  bond 85-86 

defaulting,  proceeds  of  forfeits 273 

deposits  by,  handling  of 355 

certified  checks  submitted  by 30-31 

presence  at  opening  of  bids 

transporting  to  site  of  work 30 

and  sureties,  financial  standing  of ' 29 

Bids,  abstracting  of 28,  291 

filing  of  in  Returns  Office  with  contract 525 

inspection  of  by  engineers 

purchases  made  after  securing 435 


560  INDEX 

Bids. — Continued. 

Page. 

rejection  of,  reservation  of  right 291 

requirements  relative  to  securing 523 

securing  of   441 

and  advertisements   22-31 

See  also  Proposals. 

Bigby  v.  U.  S.  (188  U.  $.,  409),  reference  to     209 

Bird  preserves,  clause  in  lease  of  land  including 243 

Bills,  verification  and  collection  of 62 

Bills  for  collection 65,  343-344 

Bill  of  lading,  accomplished,  what  should  appear  on.  .  407-408 

commercial    404-405 

forms  of 416 

furnishing  of 399 

Government  (Form  7-730),  use  of 405 

local    244 

lost,  certificate  in  lieu  of 409-410 

preparation  of    406 

transmission  to  merchants    417 

unauthorized  use  of 421 

Blackfeet  Indian  Reservation,  irrigation  of  lands  in.  .  506 

Blanks,  old,  not  to  be  used 272 

Board  of  Army  Engineers,  examination  of  projects  by  481 

Boards  of  examiners,  non-educational  positions 159-161 

Board  of  survey,  appointment  of 281—282 

Bond,  accompanying  filed  contracts 82 

agreement  of  bidder  to  furnish 85-86 

amount   of 84,  85-86 

authority   to   execute 80 

certified  copies  furnished  claimants 93,  522 

clause  requiring  payment  for  labor  and  materials  92-93 

closing  accounts  under 329 

contract,  requirements  as  to 84-87 

contracts,  suit  on 92-93 

contractor's,  cannot  be  canceled 86 

contractor's,  inquiries  by  sureties  on 87 

contractor's,  law  relative  to 521—523 

contractor's,  on  public  work 521-523 

execution  and  approval  of 35,  327 


INDEX  501 

Bond. — Continued. 

Page. 

forms  of 86 

indemnity,  when  required 342 

necessity  for 264 

official,  date  to  be  given  in  account  current 351 

premium  on 85-86 

preparation  of,  instructions  for 85 

purpose  of 84 

special  fiscal  agent,  premium  on 49 

where  to  be  prepared 84—85 

sureties  on,  who  may  act  as 86 

Bondsmen,  liability  of 27 

Bookkeeper,  duties  of 3 

Bookkeeping,   inspection   of 213-214 

instructions   relative   to 49-54 

Bookkeeping  records,  Director's  office 54 

Books,  how  purchased,  authority  for 492 

purchase  of  in  the  field 54 

official,  furnishing  copies  of 520-521 

Borings,  purpose  of 378 

Breach  of  contract  by  U.  S.,  damage  for 104 

Bridges,  abutments  of,  standard  designs  for 126 

construction  of,  sale  of  materials  for 57-58 

information  to  settlers  regarding 256 

over  ditches  and  canals 367-368 

placing  of  on  right  of  way 96 

standard  designs  f or 126 

Budget,  authority  work  orders  summarized  in 36 

Building,  charges  for  included  in  term  "Construction"  58 

drainage-cost  charged  to,  when 128 

materials  for,  sale  of  to  water  users 57-58 

charges  accounts,  debits  and  credits  to 14 

cost  account,  debits  and  credits  to 13 

lease  of    253-254 

standard  designs  for 126 

Bulkhead,  injury  to  or  destruction  of 536 

Bureau  of  Plant  Industry,  cooperation  with 512 

investigations  by   493 


562  INDEX 

Page. 

Burke    Construction   Co.,    Comptroller's   decision   on 

contract  of 89 

Cable,  injury  to  or  destruction  of,  penalty  for 535 

Cablegram,  copies  of  as  subvouchers 427 

transmission  of    389-390 

California,  changing  levels  of  lakes  in 493-494 

Indian  lands  in,  irrigation  of 503-504 

law  authorizing  change  of  lake  levels  in 494 

laws   of    537-538 

Camps,  care  of 320 

Canada,  boundary  waters  between  the  United  States 

and,  treaty  regarding 507—508 

Canals,  breakage  and  seepage  of,  injuries  from 208-210 

control  of,  information  to  settlers  regarding.  .      .  256 

cooperation  in  construction  and  use  of 491 

crossing  railroads  with 317-318 

recommendations  for  construction  and  repair  of.  38 

right  of  way  for 310-311 

fencing  across    192 

reservation  of 234,  237,  537 

under  Act  August  30,  1890,  contract  for 235 

width  of 189 

structures  over 367-368 

survey  for  374-375 

Canal  system,  operation  of 254-255 

purchase  of 228,  241 

Carey  Act,  contracts  with  corporation  acting  under. .  491 

lands  under,  furnishing  water  to 458 

Carloads  and  L.  C.  L.,  rates  applicable  to r 403 

Cash,  carrying  of 349 

payments  in 54,  127-128,  332 

Cash  book,  entries  in,  checking  of 63 

instructions   for  keeping 62-63 

Cash  on  hand  account,  debits  and  credits  to 17 

Cement,  purchase  and  sale  of 54-58 

sale  of,  to  water  users 57 

expert,  duties  of 55-58 

sacks,  checking  of 55 


IND^X  563 

Page. 

Cement-testing  section,  work  of 262 

Certificate,  issuance  of 485-486,  488 

of  deposit,  disposition  of 360 

of  indebtedness,  issuance  of 481 

Certification,  distinction  between  approval  and 451 

payment  not  to  be  made  before 452 

for  appointment  158 

Certified  check,  handling  of 28-29,  30-31 

Certified    copies    of    contracts    and    bonds    furnished 

claimants   93 

Change  in  specifications,  instructions  to  contractors. .       89-90 

Charges,  construction  and  operation  and  maintenance  58 

controlling,  statement  of 195 

credit  for  relinquished  part  of  entry 191-192 

determination  of    472 

information  to  water  users  regarding 256 

payment  of  287 

payment  of,  for  areas  covered  by  right  of  way. .  .  316 

postponement  of   262-263 

Check  book,  application  for 328-329 

care  of  

Checks,  delivery  of   356-357,  445 

drawing  of,  in  favor  of  payee 338-339 

instructions  relative  to 338-344 

personal,  acceptance  of 336-337 

insertion  of  purpose  and  identity  on 339 

payments  made  by 

payment  of,  without  administration 335-336 

register  of,  inspection  of 

signatures  to  be  used  on 

signed  in  blank. 

certified,   handling  of 30-3.1,  355 

Chicago  office,  functions  of 

See  also  Transportation. 

Chief  clerk,  duties  of 261 

signature  of  letters  by. >    . 

project,  duties  of 

Chief  engineer,  work  under  direction  of 259,  260 


564  INDEX 

Page. 

Circulars,  advertising  by 4-5,  24 

issues  of,  in  the  field 59 

Civil  Service  Boards,  reports  of 158 

Claimants,  certificate  by 331 

certified  copies  of  contracts  and  bonds  furnished  to  93 

for  labor  and  materials,  suits  by 92-93 

Claims  against  transportation  companies 415-416 

allowance  of  370 

assignments  of 514—515 

certification  and  approval  of 450-454 

compensation  on  account  of  injury 203-204 

contract,  payment  of 102,  333 

distinction  between  accounts  and 59 

labor  and  material  furnished  contractor 92-93 

loss  and  damage,  collection  of 399 

memorandum  copies  of 453-454 

passenger  transportation  (Form  7-438) 419 

settlement  of  in  Treasury  Department 512 

unliquidated  damages,  settlement  of 209 

transportation,  administrative  examination  of. ...  416 
Clark  v.  U.  S.  (95  U.  $.,  539),  payment  under  invalid 

contracts    103 

Classification  of  accounts 6-21 

of  employees 141 

of  expenditures  and  collections 59-60 

of  general  expense 195-197 

of  lands   376,  378-379 

of  material,  record  of 73 

Classified  material,  measurement  of 68-69 

Clear  Lake,  changing  level  of 494 

Clerks,  expenses  of  while  acting  as  witnesses 513 

hours  of  work  of 531 

See  also  Employees. 

Clippings,  handling  and  furnishing  of 60-61 

Collections,  abstract  of  (Form  7-405),  use  of. 354 

accounting  for 65 

bills  for 343-344 

by  bonded  fiscal  agents 5,  489 

instructions  relative  to 61-65 


INDEX  565 

Collections. — Continued. 

Page. 

proceeds  of,  accounting  for 354 

receipts  for 464 

"  reporting  on  accounts  current  of 346 

sales  at  mercantile  store. . . . 247 

subsistence  charges 368 

when  to  be  entered 463-464 

Collections  and  expenditures,  classification  of 59-60 

Collection  abstract  (Form  7-405),  use  of 63 

Collection  contracts,  authority  to  execute 34,  80 

Collections  from  delinquent  water-users 300-301 

Collection  vouchers,  classification  of  amounts  paid. .  .  60  • 

Collection  vouchers  account,  credits  and  debits  to...  8 

Colorado,  laws  of 538 

Colorado  River,  Indian  lands  along,  irrigation  of.  ...    503-505 
Colorado  River  (lower),  investigation  of  waters  of .  .  .  493 

Colville  Indian  reservation,  irrigation  of  lands  in...  512 

Commissary,  mess  house  not  referred  to  as 250 

Commodities,    transportation   of 397^-17 

Compensation  for  injured  employees 201-208,  529-531 

for  lands  taken  from  settlers 23*3-237 

Competition,   animals,  hire  of 32 

cash  payments  tend  to  increase 127-128 

personal  services 150,  263-264 

power  or  privilege  lease 271-272 

public   exigency . , 137-138 

requirements  relative  to. ..  .66,291,292,  399,435,441,  523 

requirements  in  lease  of  land 242-243,  469 

requirements  when  U.  S.  is  lessee 254 

R.  S.,  3709,  refers  to. 103 

sale  of  condemned  property 281 

waiver  of,  what  must  be  shown 23 

when  not  required 22-24 

See  also  Advertising. 

Completion  of  work,  inquiries  by  sureties  as  to 

Compromise  and  dismissal  of  suit 370 

Compromise  of  condemnation  suit 239 

Comptroller,  appeals  to 67 

decisions  of 66-68,  516-517 


566  INDEX 

Comptroller's  Decisions. — Continued. 

Page. 

Dec.  14,  1894  (1  Comp.,  106),  railroad  fares  of  em- 
ployees    142 

Dec.   14,   1894  (1   Comp.,  106),  transportation  of 

laborers    421 

Feb.  14,  1895  (1  Comp.,  229),  competition 31 

April  10,  1895  (1  Comp.,  363),  competition 31 

Oct.  2,  1895  (2  Comp.,  185),  competition 31 

June  20,  1896  (2  Comp.,  632),  competition 23,  31 

Nov.  6,  1896  (3  Comp.,  175),  advertisement 31 

Jan.  27,  1897  (3  Comp.,  315),  advertising 23,31 

Nov.  6,  1896  (3  Comp.,  175,  470),  advertising  for 

bids 103 

March  30,   1897   (3  Comp.,  473),  advertising...  31 

Dec.  17,  1897  (4  Comp.,  332),  advance  decisions. .  359 
Feb.  10,  1898  (4  Comp.,  424),  per  diem  in  lieu  of 

subsistence 426 

May  11,  1898  (4  Comp.,  632),  railroad  fares  of  em- 
ployees    142 

May  11,  1898  (4  Comp.,  632),  transportation  of 

laborers    421 

Aug.  10,  1898  (5  Comp.,  64),  advertising 23,  31 

March  10,  1899  (5  Comp.,  554),  advertising 31 

April  5,  1899  (5  Comp.,  663),  railroad  fares  of  em- 
ployees      142,  421 

Sept.  30,  1899  (6  Comp.,  314),  personal  services.  .  23,  31 
June  27,  1900  (6  Comp.,  965),  per  diem  in  lieu  of 

subsistence    426 

Jan.  8,  1901   (7  Comp.,  308),  examination  of  ac- 
counts    348 

March  22,  1902  (8  Comp.,  651),  advance  decisions  359 
April  22,  1903  (9  Comp.,  569),  expenditures  for 

options  not  permissible 259 

Aug.  5,  1903  (10  Comp.,  110),  advance  payments  298 
April  3,  1905   (33  Comp.,  Ms.,   15),  freight  con- 
cessions   273 

August  9,  1905  (12  Comp.,  67),  post  office  boxes  270 
Sept.  23,  1905  (12  Comp.,  158,  159),  appeal  from 

disallowances    350 


INDEX  567 

Comptroller's  Decisions. — Continued. 

Page. 

Sept.  28,   1905   (12  Comp.,  180),  deductions  for 

subsistence    368 

Nov.  8,  1905  (12  Comp.,  228,  268),  deposit  of  pub- 
lic  moneys    336 

Nov.  14,  1905  (12  Comp.,  297),  Act  Feb.  8,  1905 

not  retroactive 273 

Feb.  3,  1906  (12  Comp.,  439),  payment  due  de- 
ceased  employees    335 

March  8,  1906  (12  Comp.,  510),  advertising 31 

April  20,  1906,  suspended  contract 90-91 

June  1,  1906  (12  Comp.,  733),  proceeds  of  sales. .  273 

December  5,  1906,  Hubbard  and  Carson  contract.  89 

December  6,  1906  (39  Comp.,  Ms.,  957),  proceeds 

of  sales  of  town  lots 273 

Feb.  2,   1907,  contract,  hold-back 102 

April  16,  1907,  extension  of  time 89 

May  10,  1907  (13  Comp.,  779),  fire  insurance 216 

Aug.  14,  1907,  payment  of  railroad  fares  of  em- 
ployees   : 142 

Aug.  6,  1908,  retained  percentage  on  contract..  91 

October    10,    1907    (14   Comp.,    203),    suspended 

contract    91 

Nov.  9,   1907  (14  Comp.,  285),  rental  of  Indian 

lands 273 

Nov.  25,  1907  (14  Comp.,  325),  advertising 31 

Nov.  29,  1907  (14  Comp.,  329),  advertising 31 

February   10,   1908   (14  Comp.,  496),   suspended 

contract    91 

April  9,  1908  (14  Comp.,  672),  Y.  M.  C.  A.  Secre- 
taries      470 

April  11,  1908  (14  Comp.,  677),  contracts 91 

July  17,  1908  (15  Comp.,  46),  payment  of  record- 
ing fees ; 298 

Oct.  13,  1908  (15  Comp.,  231),  compliance  with 

State  or  municipal  law 360 

Jan.  26,  1909  (15  Comp.,  461),  compensation  for 

injuries 

Feb.  25,  1909,  extension  of  time 89 


568  INDEX 

Comptroller's  Decisions. — Continued. 

Page. 

April  30,  1909  (15  Comp.,  646),  compensation  for 

injuries 208 

June  19,  1909  (15  Comp.,  845),  compensation  for 

injuries 208 

Nov.  3,  1909  (16  Comp.,  291),  compensation  for 

injuries 208 

Jan.  24,  1910  (16  Comp.,  477),  compensation  for 

injuries 208 

March  21,  1910  (16  Comp.,  623),  liquidated  dam- 
ages      88 

Aug.  18,  1910  (17  Comp.,  114),  advertising 31 

Feb.  4,  1911   (17  Comp.,  568),  compensation  for 

injuries 208 

Feb.  23,  1911  (17  Comp.,  619),  per  diem  in  lieu 

of  subsistence 426 

April  24,  1911  (17  Comp.,  810),  damage  to  lands.  210 
April  24,  1911  (17  Comp.,  810),  unliquidated  dam- 
ages        .     209 

May  19,  1911,  reward  for  lost,  strayed  or  stolen 

property 285 

Aug.  19,  1912,  hours  of  labor 135 

Jan.  31,  1913,  suit  for  breach  of  contract  by  U.  S.  104 
March  7,  1913,  reward  for  conviction  of  person 

injuring  property 285 

regarding  contracts  executed  and  completed  im- 
mediately    103 

Comptroller,  questions  to  be  submitted  to 357 

Computations,  instructions  regarding 441 

Condemnation,  authority  for 473 

payment  of  judgment  under 104 

proceedings  for 237—240 

See  also  Land,  acquisition  of. 

Condemned  property,  sale  of 279-280 

proceeds  of  sales  of,  disposal  of 475 

Conflicts,  report  of  to  General  Land  Office 288 

Conforming  plats 186-187 

Congress,  report  to,  requirements  as  to 118 

Congressional  clause  in  contracts 97,  524,  535 


INDEX  509 

Page. 

Construction,  contract  for,  additional  work  under 23 

contracts  for,  authority  for 472 

contracts  for,  to  be  supported  by  bond 84 

data  relating  to,  record  of 71 

co-operation  in 490-492 

hours  of  labor  on 97—98 

instructions  relative  to 68-73 

materials,  authority  to  use 474-475 

not  to  be  undertaken  unless  Government  has  title  40 

plans  for,  preparation  of 129 

quantities  to  be  checked 295-296 

recommendations  for 40 

title  to  lands  must  be  in  U.  S.  before  beginning.  .  224 

withdrawal  of  lands  required  for 468-469 

Construction  and  repair  work,  allotments  for,  how  to 

secure 36 

estimates  for 37-38 

request  for 42 

recommendation  for   38-40 

Construction  charges,  definition 58 

Contagious  disease,  quarantine  of  employee 175 

Contracts,  action  by  examiner  on 93 

additional  work  under 23 

advertisement,  prior  to  making 22 

animals,  hire  of 101 

approval  of 81 

approval  of  form  by  examiner 182 

approved  by  Director,  execution  of 84 

assignment  of,  clause  prohibiting 97 

award  of,  recommendation  of 26,  28 

changes  in 83 

canal  crossing  railroad  right  of  way 317 

certified  copies  furnished  claimants 93 

claim  (Forms  7-442  and  7-444)...' 102 

claims  under,  payments  of 333 

classes  of  

completion  of,  inquiries  by  sureties  as  to 87 

correspondence  relating  to   114 

cost  of  work  under,  record  of 1 19 


570  INDEX 

Contracts. — Continued. 

Page. 

cost  of  work  under,  report  of 42,  76 

cutting  timber,  etc 390 

deduction  for  delays,  provision  not  to  be  waived.  89 

claims  under,  payments  of 335 

default  on,  specifications  after 27 

defaulted,  records  relating  to 108 

Departmental  regulations  79-80 

designation  of  parties  to 82 

eight-hour  clause  in 97-98 

emergency 80 

employment  (Form  7-807),  use  of 150,  151,  156,  164 

employment  (Form  7-808),  use  of 150,151 

employment,  provisions  for  hospital  fees 199 

estimate  of  amount  of  to  be  submitted  with 82 

estimates  (unpaid)  account,  debits  and  credits 

to  10 

estimates  under 101-102 

execution  and  acknowledgment  of 83 

executory,  R.  S.  3744  applies  to 104 

expiration  of,  estimates  subsequent  to 101-102 

extension  of  time  on 87-89 

extension  of  time  on,  engineer's  certificate  as  to.  87—88 

extra  work  under,  instructions  relative  to 89-90 

extra  work  under,  vouchering  of 184—185 

field,  authority  to  execute 80-81 

field,  bonds  accompanying 82 

field,  definition  of 80 

field,  execution  of 84 

filing  in  Auditor's  office 524 

filing  in  Returns  Office 93-94,  524-525 

furnishing  water  to  towns 396-397,  476 

hold-back,  computation  and  payment  of 102 

hold-backs  (unpaid)  account,  debits  and  credits 

to  t ' 9 

hours  of  labor. 134—135 

impossibility  of  fulfillment  of,  action  upon 91 

informal,  use  of 103-104 

inspection  of  work  under 69-70 


INDEX  571 

Contracts. — Continued. 

Page. 

instructions  relative  to 77-104 

invalid,  payment  under 103 

inventory  to  be  made  upon  default 90 

labor  and  materials  furnished  for,  claims  for. ...  92-93 

land  descriptions  in 83,  227 

lease  of  Government  lands 242-243 

lease  of  office  room 253-254 

lease  of  power  or  privilege 271-272 

liability  on,  implied 209 

lien  clause  in,  text  of 98 

liquidated  damages  under 88 

maps  or  papers  made  part  of 83 

Members  of  Congress  clause 97,  524,  535 

miscellaneous  services  441 

mortgaging  of  plant,  clause  prohibiting 98 

non-routine,  when  effective 81 

not  to  exceed  appropriation 523 

number  of  copies  to  be  executed 82,  93 

oath  of  disinterestedness 95 

payment  of  claims  under 59 

payments  on  101-102 

personal  services 263-264 

postdating  service  under 104 

printed  forms  to  be  used  where  practicable 84,  272 

proposal  made  part  of 28 

purchase  of  land,  negotiations  for 224-225 

railroad  crossings,  form  of 101 

release  on 101 

rental  of  water 455 

retained  percentage  under,  disposition  of  upon  de- 
fault    91 

sale  of  lands,  execution  of 226 

for  purchase  of  land,  when  time  begins  to  run. . . .  233 

right  of  way,  easement  reserved  in 367-368 

routine,  authority  to  execute 34 

definition  of 35 

when  effective 81 

sale  of  land  (Form  7-276),  use  of 226 


573  INDEX 

Contracts. — Continued. 

Pa3c. 

settlers,  compensation  of  for  lands  taken 235 

specifications  of,  changes  in . 70,  89-90 

standard  forms  of,  see  C.  L.  44  of  1913. 

suspended,  accounting  for 104-112 

completion  by  sureties  of 86 

final  inventories  under 109 

inventory  and  final  account  under 92 

payment  to  sureties  of  claims  under 111—112 

reports  on   109-110 

property  taken  over  under,  disposition  of. ...  92 

suspension  of 90-93 

Comptroller's   decisions   upon. 90-92 

termination  of 82,  96 

transfer  of,  prohibition  of 523 

transmission  of  to  Director 93 

work  under,  plans  for 129-130 

Contract  between  water  users  associations  and  the 

United  States , 300 

Contractors,  appeals  by,  allowance  of 102-103 

,  application  for  extension  of  time  by 87-89 

bonds  of,  law  relative  to 521-523 

changes  in  specifications  at  request  of 68 

claims  for  labor  and  material  furnished  to 92-93 

conversations  with  and  letters  to 71 

costs  of,  record  of 73-77,  1 19-120 

defaulted,  action  upon   90-93 

defaulted,  credit  for  work  done  by 109 

financial  responsibility  of 82 

hearings  allowed  to 103 

infringement  of  eight-hour  law  by 135 

inspection  of  work  of 69-70 

instructions  to    89-90 

instructions  to,  copies  to  be  furnished  of 70 

material  and  supplies  of,  use  of 107 

mortgaging  of  plant  of,  clause  prohibiting 98 

payments  to    ' . .  102 

release  of 101 

resignations  to  enter  service  of 152 


INDEX  573 
Contractors. — Continued. 

Page. 

settlement  with    105 

statements  to  regarding  work  of 70-71 

statements  to  regarding  damage  suffered  by  delay  88 

suspended,  charges  against 107-108 

Controlling  accounts  to  be  kept 46-49 

Conventions,  attendance  of  employees  at,  expense  of..  519 
Convention  between  United  States  and  Mexico,  text 

of 496-498 

Conveyance  of  lands  sold 221,  222,  483 

Conveyances,  hire  of 430 

Convict  labor,  clause  in  contracts  relating  to 97-98 

Cooperation  with  Bureau  of  Plant  Industry 512 

Cooperative  insurance,  instructions  relative  to 216-217 

Copies,  rates  to  be  charged  for 520-521 

of  contracts  and  bonds  furnished  claimants 93 

of  letters  must  be  complete 114 

Copyrighted  article,  purchase  of 23,  292 

Corners,  establishing  and  marking  of 381,  382-383 

section,  damage  to  or  destruction  of,  penalty  for  533 

Corporation  bond,  form  of 86 

Corrals,  instructions  relative  to 112 

unit  costs  of 121 

Correspondence,  handling  of 1-6 

instructions  relative  to 1 12-1 17 

instructions  to  examiners  regarding    182 

with  heads  of  Bureaus,  etc.,  authority  for 35 

Cost  adjustments  account,  purpose  of 47-48 

Cost  data,  collection  of 75-76 

Cost  data  cards,  use  of 122-123 

Cost  keeper,  duties  of 

employment   of    

Cost  keeping,  contractors,  instructions  relative  to..  73-77 

definition  of    

instructions   relative   to 117-123 

operation  and  maintenance 256 

project,  chief  clerk  responsible  for 

Cost  ledger,  posting  charges  to 

entries  in  123-124 


574  INDEX 

Page. 

Cost  ledger  adjustment  accounts,  classification  of...  19-21 

Cost  ledger  controlling  accounts,  classification  of.  ...  13-14 

Cost  reports,  final,  submission  of 42 

Costs,  comparisons  of,  cards  showing 122 

contractors,   distribution   of 73-74 

contractors,    recording  of 73-77 

Cottages,  rental  of  to  employees 298 

Coupon   books    (unredeemed)    account,     debits     and  . 

credits    to    11 

Coupons  turned  in  by  mercantile  store 247-248 

Coupons,  unused,  redemption  of 124 

Course  and  distance,  description  by 386-387 

Court  of  Claims,  bringing  of  suit  in 68 

suit  for  recovery  of  damages -. .  209 

Court  proceedings  against  employees,  action  upon.  .  169-170 

Cramp  &  Sons  v.  U.  S.  (216  U.  S.,  494),  reference  to.  .  209 

Credit,  advance  of,  request  for 355 

charges  on  relinquished  part  of  entry 191-192 

claims  for,  admission  of 513 

Criminal  law  of  U.  S:,  extracts  from 533 

Criticism  of  methods  invited 250 

Cross  section  book,  instructions  for  keeping 71 

Crossings,  railroads,   contracts  for 100-101 

Crow  Indian  Reservation,  irrigation  of  lands  in 505-506 

Culverts,  construction,  sale  of  materials  for 57-58 

over  ditches  and  canals 367-368 

placing  of  on  right  of  way 96 

standard  designs  for 126 

Damages,  appraisers  to  ascertain 264 

claims  for,  collection  of 399 

compensation  for 209 

compensation  of  United  States  for  default 91 

for  breach  of  contract  by  United  States 104 

for  injuries  from  breakage  and  seepage 208-210 

liability  of  the  United  States  for ,  209 

liquidated,  deduction  of 101-102 

liquidated,  extension  of  time  in  case  involving.  .  .  88 

liquidated,  stipulation  in  contract  for 99-100 

negligence  as  factor  in  case  of 210 


INDEX  575 
Damages. — Continued. 

Page. 

provision  m  contract  for 89 

settlement  of  not  to  be  made  by  special  fiscal 

agents    357 

unliquidated    99-100,  209 

Deadwood  Construction  Co.,  contract  of,  decision  on  102 

Death  of  employee,  instructions  in  case  of 155,  203. 

Deceased  creditors,  payment  of  amounts  due 334-335 

Decisions,  advance,  securing  of 66-67 

Comptroller's,  classification  of 66-67 

Director's,  in  the  field 113-114 

informal    216 

Deductions,  for  hospital  benefits 199-200 

for  meal  tickets,  action  on  transfer  of  employee . .  393 

for  subsistence   368 

from  pay  of  employes 150-151 

Deeds,  execution  and  acknowledgment  of 83 

execution  and  recording  of 225 

form  of    229 

land  description  in 227 

transmission  of  to  Director 117 

Default,  title  to  lands  in  case  of 488 

on  contract,  accounting  for 104-112 

on  contracts,  specifications  after 27 

of  contractor,  action  upon 90—93 

Defaulting  bidders,  proceeds  of  forfeits 273 

Delay,  extension  of  time  on  account  of 87-88 

provision  in  contract  for  cannot  be  waived 89 

waiver  of  deductions  for,  Comptroller's  decision 

regarding    89 

when  extension  of  time  may  be  allowed  for 89 

Delivery  of  articles  purchased,  point  of 292 

Delivery  of  shipments,  point  of 402 

Demotion,  basis  of 149 

Demurrage,   charges  for 413 

switching  charges,  etc.,  vouchers  for 124-125 

Dental  work,  absence  not  allowed  for  as  sick  leave ....  175 

Department  of  Justice,  condemnation  suits  by 473 

institution  of  suits  by 370 


576  INDEX 

Page. 

Departments,  purchases  from  and  sales  to 125 

transactions  between    333 

Deposit,  certificates,  disposition  of 360 

of  public  moneys 336 

Depositaries,  selection  of 344 

Deposits  by  bidders,  handling  of 355 

.Deposits  to  be  made  without  deduction 515 

Depreciation,  charge  for 52,  109 

consideration  of  in  cost  keeping 118 

Description  of  lands 227,  379-380 

in  public  notices 286-287 

Desert-land  entries,  assignment  of 484 

assignment  of,  amendments  occasioned  by 191 

considered  as  land  in  private  ownership 456 

law  regarding  delay  from  reclamation  operations  479 

patents  on 489-490 

reclamation,  final  proofs  on 125 

Desert  land  entryman,  compliance  with  Reclamation 

Act  by   479 

Designs,  instructions  relative  to 126-127 

Destruction  of  leased  premises 253-254 

Destruction  of  public  property 285-286 

Diagram,  official,  furnishing  copies  of 520-521 

Diary,  construction,  instructions  for  keeping 73 

Dike,  injury  to  or  destruction  of 536 

Directions  given  in  the  field 216 

Director,  appeals  to 32-33 

decisions  by,  in  the  field 113-114,  216 

performance  of  duties  in  absence  of 35 

reports  to    304-309 

Service  under  supervision  of 259 

Disability,  certificate  of 205 

Disallowances,  action  upon  and  appeals  from 350 

Disbursement  contracts,  authority  to  execute 80 

Disbursement  vouchers,  classification  of  amounts  paid  60 

examination  of    434.435 

register  of   434 

Disbursement  vouchers  accounts,  credits  and  debits  to  8 


INDEX  577 

Page. 

Disbursements,  abstract  of  (Form  7-404),  use  of. ...   353-354 

discretion  to  be  used  in  making 359 

receipts  for 331-332 

Discount,  how  computed 292 

for   prompt   payment 127-128,  292 

Disease,  contagious,  quarantine  of  employe 175 

Dismissal  and  compromise  of  suits 370 

Dismissal  of  employes 154-155 

leave  allowed  upon 173 

Ditches,  cooperation  in  construction  and  use  of 491 

right  of  way  for,  deduction  from  irrigable  area.  .  189 

right  of  way  for,  reservation  of 537 

structures   over    367-368 

Ditches  and  canals  crossing  railroad 317-318 

Documents,  official,  furnishing  copies  of 520-521 

transmission  of  to  Director 117 

Donation  of  lands 240 

Drafts,  payment  of 340 

Draftsmen,  instructions  to 132-133 

Drainage,  cost  of,  when  chargeable  to  building 128 

engineering,  instructions  relative  to 128 

included  in  term  "Construction" 58 

section   work   under 261 

Drawings,  approval  of 130 

maps,  prints,  etc.,  instructions  relative  to 128-133 

miniature,  preparation  of 130-131 

structural,  lettering  of 131-132 

size  of    130 

Drawings  and  maps,  transmission  of  and  reproduction 

of    129 

Dresser,  Horace  J.,  compensation  for  land  taken  from  234 

Drops,  standard  designs  for 126 

Duplicate  check,  issuing  of ' 

Duty  of  water 

Earth,  stone  and  timber,  use  of 311 

Easement,  acquisition  from  settler  of 237 

reservation  of  in  contract 367-368 

Educational  positions  in  the  field,  how  filled 155-159 


578  INDEX 

Page. 

Eight-hour  law,  clause  in  contracts  relating  to 97-98 

construction  of  by  Attorney  General 136 

text  of   526-529 

violations  of,   reports  of 135-136 

Electrical  and  mechanical  engineering 137,  262 

Eligibles,  registers  of 161 

Emergency  contracts,  authority  to  execute 80 

Emergency  employment,  how  to  secure 144 

Emergency  expenditures,  rules  governing 433 

Emergency,  extraordinary,  determination  of 134 

Emergency  quotations,  securing  of 137-138 

Eminent  domain,  see  Condemnation ;  see  Lands. 

Employes,  absence  of,  instructions  relative  to 172-177 

acting  as  witnesses 470 

assignments  of  pay  of 333-334,  492 

attendance  of  at  meetings,  expense  of 519 

card  index  of,  who  should  keep 3—4 

collection  of  notarial  fees  by 251-252 

compensation  for  injuries  to .' 529-531 

court  proceeding  against,  action  upon 169-170 

death  of,  instructions  in  case  of 155,  203,  334-335 

deductions  from  pay  of 150-151 

dismissal  of    154-155 

designation  on  payrolls 145-146 

eight-hour  day  for 526-529 

Executive  orders  relative  to 149-150 

expenses  of,  while  acting  as  witnesses 513 

extra  allowance  to,  not  permitted 514 

families  of,  in  camp 172 

favors  or  gifts  not  to  be  accepted  for 180 

final  payment  for  services  of 332-333 

furloughs  of    151-152 

furnishing  "subsistence   to 368 

headquarters,   how   selected 425 

holding  of  State  and  other  offices  by. 149-150 

hours  of  work  of 142-143,  531 

injuries  to,  compensation  for 201-208 

instructions   relative  to ,  138-181 


INDEX  579 

Employees. — Continued. 

Page. 

insurance  of   170 

•••££   issues  to,  on  credit 247 

land  ownership  by 170-171 

leave  of  absence  for 531-532 

local  interests  not  to  interfere  with  transfer 170 

lodging  in  offices  or  storerooms  prohibited 254 

new,  travel  expense  of 423-^4-24 

noneducational,  annual  leave  for 174 

noneducational,  changes  in  status 162-163 

outside  employment  by 149-150 

payment   of 357,   445-446 

payment  of,  deduction  for  hospital  fees 199 

personal  funds  of,  use  of 442-443 

private  use  of  telephone  by 390 

private  work  not  permitted  by 177-178 

project,    duties   of 1-6 

promises  by  involving  the  Service 276 

promotion   of    147-148,  154 

promotion,  absence  for  examination 174 

purchases  from 171 

quarantine  of    , 175 

redemption  of  unused  coupons  by 124 

records  of  in  case  of  mishaps 171-172 

reimbursement  for  notary  fee 252 

relation  of  duties  to,  designation  of 6 

relief  of,  association  for 198-199 

rental  of  cottages  and  room  to 298 

requests   for 143-144 

resignation  of 152-153 

salaries  of   '••    148,  518 

sale   of   property   to 171 

should    familiarize    themselves    with    laws,    deci- 
sions, etc 

suspension  of 154 

transfer  of : .  .' 149,  152,  153,  392-393 

transportation  of 417-421 

transportation  of,  to  place  of  duties 142,  421 

transportation  of  private  property  by 183 


580  INDEX 

Employees. — Continued. 

Page. 

travel  orders  for 441-442 

traveling  expenses  of 421—433,  514 

use  of  teams  or  property  by 388 

vouchers   for   meals   furnished   to 434 

vouchers  in  favor  of,  payment  of 330-331 

with  teams,  vouchers  for  payment  of 32 

wrongful  act  of,  liability  of  U.  S.  for 209 

Employment,  authority  for 34,  260 

contract  of 142,  150,  151,  156,  164 

terms   of 145 

of  entrymen 180-181 

without  compensation 150-151 

Endorsements  on  letters 114—115 

Engineering,  electrical  and  mechanical 137 

Engineering  aids,  timekeeping  by 391 

Engineering  section,  work  under  charge  of 261—262 

Engineer's  work  order,  issue  of 44—45 

expenditures  authorized  by,  record  of 45-46 

(Form  7-683),  use  of 42-43 

Enman,  J.  E.,  decision  in  case  of 189 

Entries,  assignment  of,  amendments  occasioned  by.  .  191 

additional,  authority  for    478 

application  for  on  withdrawn  land 468 

cancellation  of,  accounting  for 464 

conformity  of,  to  farm  units 288 

correspondence  relating  to 114 

desert  land,  assignment  of 484 

desert  land,  patents  on 489-490 

desert  land,  under  reclamation  projects 125 

distinction  between  application  to  enter  and.  . . .  236 

excess  areas   in 184 

homestead,   law  relating  to 485-487 

assignment  of 484 

conformity  to  plats  of 186 

relinquishment  of  part  of 191-192 

leave  of  absence  from 487 

limit  of  area  for 186,  287,  381 

not  allowed  on  withdrawn  lands...                     .  482-485 


INDEX  581 

Entries. — Continued. 

Page. 

patents  on 487-489 

prior  to  public  notice 186-187 

reclamation  homestead 180 

report  of,  to  General  Land  Office 288 

second  form  lands,  when  may  be  made 469 

Entrymen,  absence  of 180-181 

application  for  amendment  of  farm  unit 190 

conflicting  rights  of,  adjustment  of 288 

cooperation  with 491 

desert  land,  hindrance  on  account  of  reclamation 

operations    479 

employment  of 180-181 

homestead,   relief   of 490 

improvements  of,  purchase  of 223 

information  to  be  furnished 256 

leave  of  absence   for    486, 487 

notice  of  amount  of  building  charge  furnished  to.  287 

requirements  as  to  reclamation  by 473 

See  also  Settlers. 

Envelopes,  penalty,  use  of 266-267 

Equipment,  care  of 3 

contractor's,  inventories  of 106-107 

depreciation  of,  record  of 118 

disposition  of 280 

leases   of 96 

freight  charges  on,  refund  of 101 

possession  taken  of,  upon  default 90 

rental   of 

repair  of,  vouchers  for 

repair  parts  for 

summary  of,  report  on 

time  of  use  of,  record  of 

transfer   of 244,  518 

transfer  of,  inspector  to  report 

instructions  relative  to 365 

between  projects 282 

Equipment  depreciation  account,   debits  and  credits 
to   19 


582  INDEX 

Page. 

Equipment  in  use  account,  debits  and  credits  to....  16 

Estimate,  revision  of  (Form  7-686) 40-41 

Estimate  book,  instructions  for  keeping 73 

Estimates,  contract 101-102 

quarterly,  instructions  relative  to 296-297 

quarterly,  submission  to  Secretary  of 34 

for  construction  and  repair  work 37-38 

•  of  classified  material 68-69 

of  work  done 68-69 

Evidence  of  expenditures  while  traveling 426-428 

Examination,  accounts,  law  relative  to 524 

accounts,  by  persons  interested 210—211 

field  clerk  156-157 

land  titles 380 

promotion,  absence  for 174 

rating  of  papers .     160 

regulations  governing 150 

voluntary   employment   to   obtain   knowledge    or 

skill  for 150-151 

Examiner,  action  on  contracts  by 93 

approval  of  contract  forms  by 84 

duties  of 181-182 

instructions  as  to  acknowledgments 22 

instructions  to,  as  to  execution  of  contracts ....  82—83 

monthly  reports  of  land  purchases 240-241 

Excavations,  quantities  of,  to  be  checked 295-296 

Excess  baggage,  allowance  of 430 

charges  for,  not  allowed 443 

transportation  of 183 

Excess  lands 183-184 

disposition  of 301 

provision  of  law  relative  to 489 

Excursion  rates  to  be  secured  if  practicable 429 

Executive  order  regarding  private  work  by  employes.  177-180 

Executors,  execution  of  land  contracts 226 

Executory  contracts,  R.  S.  3744  applies  to 104 

Exigency,  advertising  not  required  in  case  of 103 

determination   of 23 

public,  advertising  omitted  in 137-138 


INDEX  583 

Page. 

Expenditures,  authority  for 34 

authorized,   record   of 45-46 

authorized  in  quarterly  estimate 36-37 

proposed,  authority  in  quarterly  estimates 296 

in  excess  of  appropriation 517 

collections  and,  classification  of 59-60 

Expense,  allowable,  items  of 428-431 

general,   classification  of 195-197 

personal,   reimbursement   for 441 

reimbursement   for 442 

travel,   actual 425 

Expense  bills,  copies  to  be  secured  of 101,  414-415 

contractor's,  recording  of 417 

Experimental   farms 184 

Express,  payment  of  charges  for 358,  449,  450 

payment  of  claims  for 59 

receipt  for,  as  sub-voucher 427 

shipments   by • 400-401 

Extension  of  time,  consent  of  surety  to 87 

engineer's   certificate   as   to 87-88 

explanation  by  engineer 89 

liquidated  damages  involved  in 88 

on  contracts '.  87-89 

when  may  be  allowed 89 

Extra  work,  how  to  voucher 184-185 

instructions   covering 89-90 

False   reports,   punishment   for 519-520 

False   representations,   punishment   for 427 

Families  of  employes  in  camp 172 

Farm-unit,  amendment  of 190-191 

assignments  to  conform  to 484 

authority  for  establishment  of 380-381 

boundaries  of 187 

conformity  of  entries  to 288 

correspondence  relating  to 1 14 

designation   of 188 

entryman  may  elect  to  enter  less  than  minimum 

area 478 

establishment  of,  correction  of  errors  in 32 


584  INDEX 

Farm-Unit. — Continued. 

Page. 

inclusion  of  non-irrigable  land  in 191 

limit  of  area  for 4-77 

readjustment  for  townsite   purposes 395 

relinquishment  of  part  of 191-192 

resurvey  of,  application  for 188-189 

sizes  of,  how  determined 287 

subdivision  of  lands  into  rectangular 381 

townsite,  and  desert  land  entries,  act  relating  to. .  477-479 

Farm  unit  plats,  copies  furnished  General  Land  Office.  287 

effect  of  filing 470 

instructions   relative  to -. 185-191 

printing  and  distribution  of 190 

topography  shown  on 189 

what  should  be  shown  on 187,  190 

Farms,   experimental 184 

Favors  not  to  be  accepted  by  employes 180 

Features,  classification  'of  charges  against 50 

publication  of  descriptions  of 289 

Fences,  information  to  settlers  regarding 256 

across  Government  right  of  way 96-97,  192,  367-368 

Field   appointments   through   district   secretaries....  165 

Field  clerks,  employment  of 156,  159 

reports  of  changes  in 158 

Field  contracts,  authority  to  execute 80-81 

definition    of 80 

execution  of   84 

Field  notes,  conventional  symbols  to  be  used  in 387 

transmission   of    385 

requirements  as  to 381 

Field   parties,   expenses   of 433 

Field  purchases,  how  to  make 192 

Films,  care  in  shipment  of 265 

Fire,  adjustment  of  loss  from 216 

extinguishing  of,   provision  for 219-220 

loss  from,  report  of 218 

penalty  for  causing 533-534 

precautions   against 312 


INDEX  585 

Fire. — Continued. 

Page. 

protection  against 218-219 

protection  of  settlers'  property  from 324 

Fire  insurance  not  to  be  contracted 216 

Firm,  bond  when  contractor  is  a,  form  of 86 

Fiscal  affairs,  inspection  of 210-211 

Flags,  display  and  care  of 192-193 

Flathead    Indian    reservation,   irrigation   in 508 

Flies  and  mosquitoes,  exclusion  of 322 

Flumes,  standard  designs  for 126 

Force  work,  inspection  of 69 

instructions  relative  to 199 

report  of  cost  of 42 

Foreclosure   of   lien    489 

Foreign  labor,   convict  and,  clause  in  contracts  relat- 
ing to  97 

Forest  reserves,  right  of  way  in,  withdrawals 310-312 

Forest  Service,  reports  to,  regarding  power  permits..  272 

Forest  Service,  suggestions  by,  as  to  timber 390 

Forest,  construction  materials  from,  authority  to  use.   474-475 

Forfeitures,  accounting  for 464 

Forged  check,  recovery  of  money  on 343 

Forms,  use  of 193,  272 

7-003,  p.  327;  7-131,  p.  433;  7-132,  p.  388;  7- 
151,  p.  173;  7-228,  p.  361;  7-263,  p.  237;  7-276, 
p.  226,  228;  7-281,  p.  231;  7-293c,  p.  86; 
7-293f,  p.  86;  7-293i,  p.  86;  7-294,  p.  30, 
107;  7-296,  p.  96,  367;  7-297,  p.  306;  7-400,  p. 
345,  350,  351,  354;  7-401,  p.  350,  352;  7-403,  p. 
213,  345,  350,  352;  7-404,  p.  345,  350,  353-354; 
7-405,  p.  63,  64,  345,  350,  354;  7-408,  p.  331,  345, 
350,  354,  355;  7-409,  p.  350,  355;  7-426,  p.  438; 
7-428,  p.  439;  7-434,  p.  417;  7-438,  p.  419;  7-440, 
p.  367-439;  7-442,  p.  L02;  7-444,  p.  102;  7-446 
p.  25;  7-447,  p.  25;  7-448,  p.  25;  7-449,  p.  25; 
7-452,  p.  332;  7-455,  p.  249;  7-460,  p.  65,  350; 
7-461,  p.  65;  7-462,  p.  415;  7-463,  p.  415;  7-464, 
p.  65,  125,  201;  7-468,  p.  464;  7-507,  p.  149; 


586  INDEX 

Forms. — Continued. 

Page. 

7-523,  p.  82,  84,  93,  235 ;  7-523a,  p.  82,  84;  7-523t, 
p.  93;  7-459,  p.  463;  7-524,  p.  28;  7-558,  p.  411; 
7-563,  p.  164;  7-567,  p.  164;  7-569,  p.  164; 
7-575,  p.  162,  164;  7-575a,  p.  162,  164;  7-576,  p. 
164;  7-576a,  p.  163,  164;  7-576b,  p.  164;  7-576c, 
p.  163,  164;  7-576d,  p.  158,  164;  7-578,  p.  164; 
7-627,  p.  164;  7-628,  p.  87;  7-634,  p.  150;  7-680,  p. 
36,  38,  41,  46;  7-681,  p.  36,  37,  38,  40,  41,  46; 
7-682,  p.  37,  38,  40,  42;  7-687,  p.  45;  7-700,  p. 
192;  7-701,  p.  294;  7-704,  p.  25,  441 ;  7-705,  p.  25, 
292;  7-706,  p.  25,  2'92;  7-707,  p.  25;  7-709,  p. 
25;  7-711,  p.  295;  7-712,  p.  361;  7-714,  p.  25; 
7-715,  p.  220;  7-683,  p.  42,  43,  46;  7-685,  p.  45; 
7-686,  p.  37,  39,  40,  46;  7-716,  p.  56,  289;  7-717, 
p.  295;  7-718,  p.  290;  7-730,  p.  405,  416;  7-731, 
p.  409,  410,  416;  7-732,  p.  417;  7-733,  p.  417; 
7-735,  p.  416;  7-736,  p.  410;  7-739,  p.  416;  7-740, 
p.  417;  7-741,  p.  417;  7-742,  p.  417;  7-743,  p.  417; 
7-744,  p.  419;  7-746,  p.  441,  443;  7-747,  p.  433, 
441;  7-760,  p.  361,  364;  7-761,  p.  362;  7-762,  p. 
244,  416;  7-763,  p.  309,  365;  7-766,  p.  248,  249; 
7-767,  p.  248;  7-776,  p.  28,  279;  7-777,  p.  280; 
7-778,  p.  281,  282;  7-779,  p.  112,  244-245, 
365;  7-780,  p.  277;  7-781,  p.  217;  7-782,  p. 
282;  7-789,  p.  121,  249;  7-790,  p.  249;  7-793,  p. 
121 ;  7-801,  p.  274;  7-807,  p.  150,  156,  164;  7-812, 
p.  391;  7-813,  p.  391;  7-821,  p.  53,  123;  7-822,  p. 
51,  123,  191,  194;  7-823,  p.  51,  123,  194;  7-824, 
p.  43,  45,  52;  7-826,  p.  248;  7-830,  p.  53;  7-831, 
p.  124;  7-834,  p.  42,  120,  121,  124,  195;  7-835, 
p.  124;  7-836,  p.  76,  121;  7-837,  p.  42,  76,  121; 
7-838,  p.  76,  121;  7-850,  p.  434;  7-851,  p.  434; 
7-858,  p.  461,  462;  7-860,  p,  461,  462,  463,  465; 
7-863,  p.  461;  7-887,  p.  37,  297;  7-888,  p.  308; 
7-889,  p.  308. 
Formal  contracts,  definition  of 291 


INDEX  587 

Page. 

Forms,  standard  contract,  see  C.  L.  44  of  1913. 

Fort  Peck  Indian  Reservation,  irrigation  of  lands  in.  506-507 

Fort  Shaw  Military  Reservation,  disposition  of  lands 

in 495-496 

Forwarding  agent,  duties  of 2 

Foundations,   investigation  of 378 

Fractional  acreages,  showing  on  plat 189 

Fractional  days,  per  diem  for 442 

Freight,  charges  for,  proceeds  of  concessions 273 

charges  for,  receipt  for  as  sub-voucher 427 

combining  shipments  of  different  classes 401-402 

payment  of  charges  for 358,  449-450 

payment  of  claims  for 59 

routing  of 401 

what  should  be  shipped  by 401 

Freight  and  express  account,  debits  and  credits  to. ...  10-11 

Freight  and  handling,  percentage  added  for 51 

Freight  and  handling  account,  debits  and  credits  to.  .  18-19 

Freight  charges  on  equipment,  refund  of 101 

Freight   refunds    (uncollected)    account,    debits    and 

credits  to 12 

Funds  available  account,  credits  and  debits  to 46 

Funds,   advance   of 328 

apportioning  of 33-49 

private,  advance  of 193 

transfer  of 337 

Furlough,  deduction  from  allowance  of  leave 177 

Furloughing  of  employes,  reason  for 151-152 

Gaging  streams,  instructions  relative  to 365-367 

Garbage,   disposal   of • 323 

Gates,  interference  with,  information  to  settlers  as  to.  256 

standard  designs  for 126 

water,  should  be  provided  with  locks 255 

General  classification  book,  use  of 50-51,  194^195 

use  of,  in  suspended  contract 108 

General  conditions  (Form  7-294),  reference  to 30 

General  expense,  classification  of 195-197 

definition  of  term 257 


588  INDEX 

Page. 

General  travel  orders  (7-746),  use  of 433 

Geological  Survey,  agreement  with  relative  to  stream 

gaging    365—366 

German  Bank  of  Memphis  vs.  U.  S.  (148  U.  S.  573, 

579),  unliquidated  damages 209 

Gibbons  vs.  U.  S.    (8  Wall.,  269,  274),  unliquidated 

damages 209 

Gifte  not  to  be  accepted  by  employes 180 

Goods  in  transit  account,  debits  and  credits  to 17 

Goose  Lake,  changing  level  of 493-494,  495 

"Government  advertiser,"  abstract  of  proposals  to  be 

sent  to 29 

advertising  in 25-26 

Government  Employes  Mutual  Relief  Association.  170,  198-199 

Grazing,  lease  of  land  for 242-243 

Great  Britain,  treaty  relative  to  St.   Mary  and  Milk 

Rivers    507-508 

Guardians,  execution  of  land  contracts  by 226 

Hail,  crops  destroyed  by,  postponement  of  payments .   262-263 

Headgates,  regulation  of 454 

Headquarters,  changing  of 423 

how   selected , 425 

Health  report,  rendition  of 306 

Hearings  allowed  contractors 103 

Heyburn,  Idaho,  preference  right  to  purchase  lots  in. .  478 

Highways,  right  of  way  for 537 

right  of  way  for  not  to  be  deducted  from  irrigable 

area 189 

Highway-bridge  abutments,  standard  designs  for 126 

Hold-back,  computation  and  payment  of 102 

Holidays,  as  affecting  leave  of  absence 174,  175,  177,  532 

Homestead,  see  Entry;  Entrymen. 

Homestead  entries,  assignment  of 191,  484 

excess  areas  in 184 

law  in  regard  to 485-487 

reclamation  of 180 

Homestead  entrymen,   absence   of 180,  181 


INDEX  589 

Page. 

Homesteaders,  leave  of  absence  for 487 

Horses,  contractor's,  cost  of  work  of 75 

Hospital,  deductions  from  pay  for 150-J51 

Hospital  benefits,  waivers  of 200 

Hospital  fees,  instructions  relative  to 199-200 

Hospitals  net  results  account,  debits  and  credits  to. ...  20-21 
Houck  vs.  U.  S.  (201  Fed.,  862),  injury  to  public  prop- 
erty    286 

Hours  of  labor,  extra,  certificate  in  case  of 445 

Hubbard  &  Carlson,  contract  of,  Comptroller's  deci- 
sion  regarding ( 89 

Idaho,  laws  of 538-539 

Identification  badge,  deduction  from  pay  for 151 

Illness,  see  Hospital;  Sickness. 

Immediate   delivery,   informal   contracts   sufficient   in 

case  of 103-104 

Improvements,  taxes  on,  certificate  as  to 235 

payment  for,  when  lands  taken 235 

of  settlers,  purchase  of 223,  233-237 

Inchoate  right  acquired  in  certain  cases 236-237 

Index,  number  and  letter 123 

Indian  lands,  irrigation  of 200-201,  502-503,  503-512 

purchase  of 242 

purchasers  of,  issuance  of  patents  to 501-502 

Indian  reservations,  irrigation  of . 200-201 

townsites  on 395 

withdrawals  of  lands  in 499-500 

Indian  Service,  appropriations  for 35 

cooperation  with   503 

Indians,  allotment  of  lands  to 503 

employment   of 23,  500 

lands  allotted  to,  sale  of 500-501 

lands  of,  proceeds  of  rentals 273 

noncompetent,  conveyance  of  land  by 501 

property  of,   hiring  of 23 

trust  patents  issued  to,  cancellation  of 500 

Individual  bond,  form  of 86 

sureties  on,  financial  status  of 86-87 


590  INDEX 

Page. 

Informal  contract,  definition  of 291 

sufficient  in  case  of  immediate  delivery 103 

Injuries,  personal,  compensation  for 201-208,  529-531 

from  breakage  and  seepage  of  canals 208-210 

to  property,  punishment  for 286 

Inspection,  operation  and  maintenance  Director's  Of- 
fice     257 

reports   of 213-214 

of  accounts  by  water  users  and  others 210-211 

of  fiscal  affairs 211-216 

of  meat 100 

of  property 279 

of  work  of  contractor 69-70 

Inspectors,  daily  reports  required  from 70 

fiscal  work  of 261-262 

instructions  to 73 

property,  duties  of 3 

Instalments,   designation   of 461 

Instructions  given  in  the  field 216 

Insurance,  cooperative,  instructions  relative  to 216-220 

Insurance   of  employes 170 

Inventories,  final,  under  suspended  contract 109 

of  contractor's  equipment,  etc •.  . .  106-107 

Inventory  accounts,  classification  of 16-19 

Inventory  of  stock  in  mercantile   store 247 

Investigation  of  reclamation  lands  by  Agricultural  De- 
partment    493 

Investment  of  the  United  States,  classification  of  ac- 
counts under 8-9 

Invoice  (Form  7-700),  use  of 192 

Invoice  register  (Form  7-718),  use  of 290 

Invoices,  handling  of 192 

rendering  and  handling  220-221 

for  material  and  supplies,  entry  of 51 

Irregular  tracts,  surveys  of 383-385 

Irrigable  areas,  how  to  be  shown 188 

resurvey  of   ; 188-189 

what  to  be  included  in 189 


INDEX  591 

Page. 

Irrigable  land,  surveys  of 375-376 

Irrigation  Act,  text  of 471-474 

Irrigation  districts,  contracts  with  corporations  acting 

under 491 

cooperation  with 491 

Irrigation  season,  duration  of 256 

Irrigation  system,  purchase  of 241 

Irrigation  works,  authority  to  construct 471 

Jetty,  injury  to  or  destruction  of 536 

Job  employment 168-169 

Job  work,  payments  for,  classification  of 60 

Joint  owners,  furnishing  water  to 457 

Journal  entry  summary,  preparation  of 43,  52-53 

Journal  voucher  (Form  7-821),  use  of 53 

Judgment  in  condemnation  suit,  payment  of 104 

Junior  engineer,  promotion  to 163 

Jurisdiction  of  suits  for  enforcement  of  charges 489 

Kansas,  laws  of 539 

Klamath,  Upper  and  Lower  Lakes,  legislation 493-494,  495 

Klamath  project,  prompt  completion  urged  of 538 

Labels,   penalty,    use  ,of 266-267 

Labor,  foreign,  clause  in  contracts  relating  to 97-98 

hours  of 133-136,  473,  526-529 

in  excess  of  eight  hour,  certificate  relative  to 136 

material  and,  claims  for 92-93 

material  and,  expenditures  for,  report  of 42 

protection  of  persons  furnishing 521-523 

Labor  (unpaid)  account,  debits  and  credits  to 9 

Laborers,  authority  to  employ 260 

compensation  for  personal  injuries 201-208,  529-531 

contract  of  employment 142,  150 

eight-hour  day  for 133-136,  526-529 

Indians,  employment  of 500 

pay  of,  deductions  for  hospital  fees 

physical  examination  of 206-207 

protection  of,  by  bond 

transportation  of,  to  site  of  work 420-421 

with  tea.ms,  employment  01 32 


592  INDEX 

Page. 

Lahontan  rules,  text  of 207-208 

Lakes  in  California  and  Oregon,  changing  levels  of.  .   493-494 

Lands,   acquisition  of 222-242,   473 

acquisition  of,  monthly  report 240-241 

time  when  steps  for,  should  be  taken 224 

United  States   not  liable   for  taxes 388 

by  relinquishment,  entryman  may  make  an- 
other entry 478 

See    also,    Lands,     condemnation    of;    Lands, 
purchase  of. 

condemnation  of 237-240 

condemnation  of,  abstract  of  title  not  to  be  pro- 
cured      228,  240 

compromise  of  suit 239 

payment  need  not  precede  occupancy 239 

purchase  on  favorable  terms  preferred  to.  .  .  224 

condemnation  of  settlers'  improvements 236 

classification  of 378-379 

conveyance   of,  by   noncompetent   Indians 501 

description  of 83,  227,  379-380,  386-387 

descriptions  to  be  furnished  examiners  for  pur- 
chase of 224 

donation   of. .1 ( 240 

excess    183-184 

disposition  of 301 

Government,  lease  of 242-243 

Indian,  purchase  of 242 

investigation  of,  by  Department  of  Agriculture.  .  493 

irrigable,  surveys  of,  transmission  of 129 

surveys  and  classification  of  376 

irrigated,  cost  per  acre  of 256 

non-irrigable,  report  on 379 

ownership   by   employes   of 170-171 

patents  for,  right  of  way  reservation  in 537 

possession  of,  certificate  relative  to 230 

preparation  of,  for  irrigation 256 

private,   definition   of 456 

excess  areas  of 183-184 


INDEX  593 

Lands. — Continued. 

Page. 

private,  how  shown  on  plats 187 

limit  of  area  for  which  water  may  be  had 186,  287 

not  to  be  sub-divided 188 

resurvey  of  irrigable  area 188-189 

security   for   repayments   from 299 

subdivision   of 450 

subdivision  of,  into  small,  irregular  lots 459-460 

water-right  applications  for 456 

public,  right  of  way  for  highways  over 537 

roadways  on 318 

use  for  experimental  farms 184 

purchase  of,  abstract  of  title 228-229 

acceptance  of  title 225 

certificate  of  necessity 231 

conditions  and  limitations  in  contracts 226 

contract  for 80,  100,  224 

deduction  for  liens 232-233 

duties  of  examiners  regarding. 182 

execution  and  recording  of  deed 224 

form  of  deed 229 

information  to  be  furnished  owner 224-225 

negotiations  for,  how  to  conduct 224—225 

payment 232 

possessory  certificate 230 

recommendations  for 39 

surveys  for 286-387 

termination  of  grantor's  possession 227-228 

transmission  of  papers 231-232 

purchase  and  rental  of 23 

record   of 462 

report   of 464-465 

sale   of 221-222 

agreement  not  to  bid,  penalty  for 534-535 

appointment  of  appraisers 264 

authority  for 483 

second  form,  relinquishment  of 485 

subdivisions  of,  plats  showing 185 


594  INDEX 

Lands. — Continued. 

Page. 

surveys  for  subdivision  of 380-386 

taken  from  settlers,  compensation  for 233-237 

termination   of   grantor's   possession 227-228 

title  to,  examination  of 380 

must  be   acquired  before   construction 40,224 

unsurveyed,  settlement  on,  effect  of 234 

withdrawal  of 467 

withdrawal  of 465-470 

Land  and  Legal  Division,  work  under 260-261 

Land  grants,  securing  concession  of 292 

Land  in  private  ownership,  see  Lands,  private. 

Laterals,  operation  of 368 

Laundry,  allowance  for 43 1 

Laws,  citations  to,  method  of  making 116 

State,  compliance  with 360 

See  Acts;   See   Revised    Statutes.     See   also    State 
names. 

Lease,  period  of 469 

standard  form  to  be  used 243 

of  Government  equipment,  contract  for 96 

Government   lands 242-243 

office  rooms,  etc . 253-254 

power  and  power  privilege 271-272,  476-477 

property   for   private   ends 285 

of  withdrawn  lands 80,  469 

See  also  Rental. 

Leave  of  absence,  laws  governing 531—532 

for  homesteaders 487 

See  Absence. 

Legal  citations,  method  of  making 116 

Legal  men,  see  Examiners. 

Lettering,  instructions  relative  to 131,  132 

of  farm  units 188 

Letters,  preparation  of 112-117 

Levee,  injury  to  or  destruction  of 536 

Level  book,  instructions  for  keeping 71 

Leveling 377-378 

Liabilities,  estimated,  quarterly  estimate  to  show...  297 


INDEX  595 

Page. 

Liability  accounts 243 

Liability  for  breakage  and  seepage  (test  of), 208-209 

Liability  record  card   (Form  7-716),  use  of 56 

Licenses,  filing  copies  of 97 

revocable,  Form  7-296 96 

issuance  of 367-368 

to  cross  Government  right  of  way 96-97 

to  operate  automobile 360 

Lien,   foreclosure  of 489 

reservation  of,  under  Act  of  Congress 488 

in  case  of  suspended  contract,  text  of 98 

of  U.  S.  against  contractor's  property 107 

.  on  donated  land,  provision  for 240 

on  purchased  lands,  deductions  for 232-233 

Life  insurance  of  employes 170 

Limit  of  area  per  entry 473 

authority  to  fix - 477 

determination  of 186 

establishment   of 380-381 

Limited  trains,  travel  on 433 

Liquidated  claim,  definition  of 59 

Liquidated  damages,  deduction  for 101-102 

extension  of  time  in  case  involving 

stipulation  in  contract,  for 99-100 

Little  Klamath  Lake,  changing  level  of 493-494 

Live  stock,  diseases  of,  Government  not  liable  for 101 

free  transportation  with 421 

shipment   of 

Local  bill  of  lading 244 

Local  transfers    (Form  7-779) %  244-245 

Lodging,   allowance  tfor 

deduction  from  pay  of  employes  for 150 

in  offices  or  storerooms  prohibited 254 

Loss  of  checks 

Loss  and  damage,  claims  for,  collection  of 

concealed,   action  upon 412-413 

Lost  property,   reward  for 

Lots,  see  Townsites. 

Lower  Colorado  River,  investigation  of  waters  of 493 


596  INDEX 

Page. 

Lower  Klamath  Lake,  changing  level  of 493-494,  495 

Lumber,  sale  of,  to  water  users 57 

Lump-sum   appropriation,   transfer   and   payment   of 

employes   from 154 

Machinery,  inspection  of 69-70 

lease   of 96 

patented,  purchase  of 98-99 

purchase  of,  bond  required  when 85 

Mail,  laws  and  regulations  for 266-270 

shipments   by 400 

See  dso  Parcel  Post. 

Maintenance  and  operation,  cost  keeping  for 121 

Maintenance  charges,  authority  for  levying •   58 

Maintenance,  see  Operation  and  Maintenance. 

Manual  of  surveying  instructions,  reference  to 381 

Maps,  lettering  of 131-132 

field  notes,  etc.,  sale  of 284 

official,  furnishing  copies  of 520-521 

sale   of 133 

size  of 130 

Maps  and  drawings,  transmission  and  reproduction  of.  129 

Materials,  construction,  authority  to  use 474-475 

contractor's  possession  taken  of,  upon  default. . .  90 

furnishers  of,  protected  by  bond 84 

inspection  of 69-70 

investigation  of 378 

patented,  purchase  of 98-99 

proceeds  of  sales  of,  disposal  of 475 

protection  of  persons  furnishing 521-523 

purchase   of 58,  192 

transfer  of  (Form  7-779) 244 

Material  and  labor,  expenditures  for,  report  of 42 

Materials  from  public  lands  and  forests,  authority  to 

use 474-475 

Meal  tickets,  action  upon  transfer  of  employe 393 

use  of 249 

Meal  tickets  (unredeemed)  account,  debits  and  credits 

to 11 


INDEX  597 

Page. 

Meals,  allowance  for 431 

charges  for 368 

charging  for,  while  traveling 425 

deductions  from  pay  for 150 

furnishing  free  to  visitors 368 

vouchers   for 434 

Measured  at  the  land,  definition  of  phrase 457 

Measurement  of  water 255-256,  457 

Meat,  inspection  of 100 

Mechanical  and  electrical  engineering 137 

Mechanics,  employment  of,  contracts  for 142 

hours  of  labor  of 133-136,  526-529 

Medical  services,  deduction  from  pay  for 150-151 

Member  of  Congress,  clause  relative  to 97,  524,  535 

Mercantile  store  clerk,  duties  of 2-3 

Mercantile  stores,  contractors,  action  under  suspended 

contract    108 

cost  of  operation,  charging  of 53 

deductions  for  goods  received  from. 150 

definition  of  term 248 

instructions   regarding 245-248 

purchases  for 

accounts,  debits  and  credits  to 16,  20 

Mess  house,  contractor,  action  under  defaulted  con- 
tract      108 

credits  to 53 

definition  of  term 

instructions   regarding 248-250 

screens  to  be  provided  for 322-323 

steward  in  charge  of 5-6 

unit  costs  of 

Mess  house,  net  results,  account,  debits  and  credits  to 
Messages,  see  telegram. 

Methods,  changes  in 216 

suggestions  for  improvement  in 250 

Mexico,  convention  with 496-498 

Mileage,  securing  of 

use   of 429-430 

Military  reservation,  withdrawals  on 310-312 


598  INDEX 

Page. 

Milk  River,  treaty  relative  to  waters  of 507-508 

Miniature  drawings,  preparation  of 130-131 

Minidoka  and  S.  W.  R'y  vs.  Weymouth   (190  Fed., 

491),  right  of  way 316 

Minidoka  project,  pumping  unit  of,  prompt  beginning 

of  work  urged 539 

Minors,  execution  of  land  contracts  by 226 

Miscellaneous     (uncollected)     account,     debits     and 

credits   to 13 

Miscellaneous  claim  (Form  7-440),  use  of 367,  439 

Miscellaneous  (unpaid)  account,  debits  and  credits  to.  11-12 
Miscellaneous   rentals    (uncollected)    account,   debits 

and  credits  to 12 

Money,  deposit  of,  without  deduction 515 

Money  papers,  description  of 350 

Moneys,  public,  deposit  of 336 

public,  safe  keeping  of 348-349 

Money  order,  handling  of 336—337 

Mongolian  labor  not  to  be  employed  on  reclamation 

work    ; 473 

Montana,  Indian  lands  in,  irrigation  of 505-506 

laws  of 539-540 

Monthly  abstract,  rendering  of 305 

Monthly  narrative,  rendering  of 305 

Mortgages  on  irrigable  lands 250 

Mortgaging  of  plant,  clause  in  contracts  prohibiting.  .  98 

Mosquitoes,  exclusion  of 322 

Motor  vehicle,  registration  of,  necessity  for 360 

Municipal  laws,  compliance  with 360 

Municipal  offices,  employes  holding 149 

Mutilated  vouchers,  instructions  regarding 449 

Narrative,  monthly,  submission  of 305 

National  Forest,  withdrawals  in 311 

Navigable  stream,  control  of 454 

Nebraska,  laws  of 540 

Negatives  of  planetable  sheets 129 

Negatives,  see  Photographs. 

Negligence,  care  to  avoid  accidents  due  to 210 

Negotiable  paper,  handling  of 336-337 


INDEX  599 

Nevada,  Indian  lands  in,  irrigation  of 504-505 

laws  °f • 541-542 

New  Mexico,  enabling  act  of,  extracts  from 498-499 

laws  of 542-543 

News  items  to  be  furnished  Washington  office 61 

Newspaper  clippings,  handling  and  furnishing  of 60-61 

Newspapers,  advertising  in 24,  250-251,  526 

advertising  in,  payment  of  claims  for 59 

publishing  public  notices  in 287 

subscriptions  to 54 

Newspapers  and  periodicals,  advertising  by 25 

Non-educational  positions,  appointments  to 159-164 

Non-reimbursable    investment    account,    credits    and 

-debits   to 43 

Non-routine  contracts,   execution  of 79 

when  effective 81 

North  Dakota,  laws  of 543 

Notarial  charges 253 

Notebooks,  disposal  of 387 

survey    387 

Notes,  plotting  of 386 

Notice,  see  Public  Notice. 

Notice  of  appropriation  of  water,  filing  of 454 

Notice  to  bidders,  provision  as  to  bond  in. 85-86 

Oath  of  disinterestedness,  notarial  fee 252 

Oath  of  office,  execution  of 145 

Oaths,  authority  to  administer 513-514 

fees  for 252,  253 

Occupancy   of  condemned   lands,   payment   need   not 

precede    239 

Offenses,  punishment  for 536-537 

against  operations  of  Government 533-536 

Office,  definition  of  word 180 

Office  rooms,  lease  of 253-254 

Offices,  rent  of 492 

use  for  lodging  prohibited 254 

Officers,  extra  compensation  of,  prohibited 514 

Official  areas,  use  of 189 


600  INDEX 

Page. 

Oklahoma,  laws  of 543 

Olson,  Nels,  Comptroller's  decision  on  contract  of. ...  89 

Open  market  order,  use  of 291 

Open  payroll,  use  of 446 

Operating  accounts,  designation  of 42 

posting  of 53 

Operating  force,  duties  of 255 

Operation  and  maintenance,  cost  of 256-257 

cost  of,  keeping  of 121 

drainage   charged  to,   when 128 

instructions   254-256 

recommendations   for 39 

charges  for,  included  in  term  "Construction".  ...  58 

rights  of  way,  to  have  sufficient  width 190 

superintendence  Director's  Office 257-258 

use  of  Reclamation  Fund  for 473 

Operation   and   maintenance    charges,   authority    for 

levying 58 

Operation  and  maintenance  charges  accounts,  debits 

and  credits  to 14 

Operation  and  maintenance  charges  must  be  paid  be- 
fore water  furnished 287 

Operation  and  maintenance  cost  account,  debits  and 

credits   to 13-14 

Operation  and  maintenance  report,  monthly  rendition 

of 306 

Operation  and  maintenance  report  (annual),  rendition 

of 307-308 

Options,  instructions  regarding 258-259 

Oral  promises  to  be  disregarded 277 

Order  for  advertising,  Form  7-446,  use  of 25 

Orders,   splitting  of 291 

Oregon,  changing  levels  of  lakes  in 493-495 

laws   of 544-545 

Organization  for  accounting  in  project  offices 1-6 

Organization  of  service 259-262 

date  of III-IV 

Orman  &  Crook  contract,  Comptroller's  decision  on. .  91-92 


O'Shea,  M.  B.,  extract  from  letters  to 459 

Parlor  car,  allowance  for  seat  in 430-431 

Pacific  Gas  and  Electric  Company,  contract  with,  in- 
vestigation of  537 

Papers,  official,  furnishing  copies  of 520-521 

Parcel  post,  instructions 270 

Passenger  fares  (unpaid),  account,  debits  and  credits 

to 11 

Passengers,  transportation  of 417-421 

Passes,  use  of 417 

Pasture,   withdrawals   to   furnish '468-469 

Patent,  issuance  of 485-486,  488 

reservations  in  part  of,  sold  to  U.  S 237 

reservation  of^  right  of  way  in 537 

trust,  issued  to  Indians,  cancellation  of 500 

on  desert  land  entries 489-490 

on  reclamation  entries 487-489 

Patented  articles,  purchase  of 23,  98-99,  292 

Patentees,  suits  against  the  United  States  by 532-533 

Pay,  assignment  of 492 

Payee,  name  of,  checking  of 331-332 

Payments,  by  special  fiscal  agent 357 

by  special  fiscal  agent  for  lands 225 

cash,  discount  for 127-128 

discretion  to  be  used  in  making 359 

for  condemned  lands 238-239 

for  services  in  excess  of  eight  hours 136-137 

method  of,  information  to  water  users  regarding.  256 

of  water-right  charges,  guaranty  of 300 

on  invalid  contracts 103 

postponement  of 262—263 

prompt,  advantage  of 292,  293-294 

responsibility  for 152 

should  be   made   promptly 220 

stopping  and   releasing 

to  contractors 

to  employes 445-446,  518 

to  the  United  States,  currency  to  be  used 516 


602  INDEX 

Payments. — Continued. 

Page. 

with  personal  funds 193 

Payroll,  deductions  from,  for  rent 298 

designation  of  appointees  on 146 

preparation  and  checking  of 444-445 

use   of 446 

Payroll  clerk,  duties  of 3-4 

Penal  laws,  extracts  from 533-537 

Penalties,   deduction  of 101-102 

Penalty   label,   use   of 430 

Penalty  privilege,  improper  use  of 269 

Per  diem,  in  lieu  of  subsistence 425-426,  442 

Periodicals,  advertising  in 25 

purchase  of,  authority  for 492 

Personal  funds,  advance  of 193 

use   of 442-443 

Personal  services,  computing  amounts  due  for 446 

how  to  secure    263-264 

reimbursement  for 432 

voluntary,  acceptance  of 150-151 

Petitions,   reports  on 1 16-117 

Photographing  planetable   sheets 129 

Photographs,   copies  of,   sale   of 133 

instructions   regarding 264—266 

Physicians,  employment  of 200 

Pier,   injury  to  or  destruction  of 536 

Pima  Indians,  irrigation  for 503 

Pipe,  vitrified,  sale  of,  to  water  users 57-58 

Planetable  sheets,  transmission  and  reproduction  of.  .  129 

Plans,  construction,  preparation  of 129 

size   of 130 

Plant,  contractor's,  possession  taken  of,  upon  default.  90 

Plats,  farm  units,  effect  of  filing 470 

farm  units,  sale  of 133 

official,  furnishing  copies  of 520-521 

townsite,  preparation  of 395 

See  also  Farm  Unit  Plat, 
conforming,  see  Conforming  Plats. 


INDEX  60b 

Page. 

Point  of  delivery  of  purchases 292 

Polaris,  observations  on 378,  383 

Porter  fees,  allowance  for 431 

Positions,  civil  service,  classification  of 141 

unclassified    142 

Possession  of  condemned  lands 238-239 

Possessory  certificate,  form  of 230 

Postal  laws   and   regulations 266-270 

Postdating  service  under  contracts 104 

Posting  notices,  advertising  by 4-5,  24 

Postmasters,  advertisement  to  be  sent  to 25 

affidavits  may  be  taken  before 427 

Postorfice  boxes,  renting  of 270 

Postponement  of  payments 262-263 

Posts,  iron,  setting  of 382 

Powell,  Wyo.,  conveyance  of  lot  to  school  district.  .  . .  480 

Power,  development  of 476 

possibilities  for,  restoration  of 316 

reports  as  to  possibilities 270-271 

Power  and  power  privilege,  lease  of 271-272 

leasing  of 476-477 

Power  and  pumping  plants,  design  of 137 

Power  houses,  expenses  of  operating 275 

Power,  permits  for,  reports  to  Forest  Service 272 

Power  sites  in  Indian  reservations,  withdrawal  of. ...  499-500 

Preference  for  appointment  under  R.  S.  1754 162 

Preliminary  plats,  see  Conformin'g  Plats. 

Preliminary  survey,  avoidance  of  publicity  during..  379 

Prescription,  right  of  way  held  by,  purchase  of 241 

President,   approval  of   projects   by 481 

Press-copy  book,  use  of 5 

Primary   leveling,    rules   for 377 

Printing,   instructions   regarding 272-273 

Priorities,   ascertainment   of 459 

Private  canals,  not  insurers 210 

Private    land,    definition    of 456 

water-right  applications  for 456 

See  also  Lands. 


604  INDEX 

Page. 

Private  work,  employes  not  to  perform 177-178 

Probational  appointments 146-147 

Proceeds,  collections,  accounting  for 354 

from  various  sources,  disposition  of 273 

of  sales,  disposal  of 475 

of  sale  of  public  lands,  disposition  of 471 

of  sales  of  town  lots  to  be  covered  into  Reclama- 
tion Fund    476, 478 

Producing  plants   and  departments 274-276 

Producing  departments,  debits  to 53 

Profile   book,   instructions   for  keeping 72 

Profiles,  sale  of 133 

Progress  of  contract  work,  reports  of 76 

Progress  profile,  instructions  for  keeping 72 

Project  history,  rendition  of 309 

Project  managers,  reports  to 309 

work  under  charge  of 260 

Project  offices,  accounting  organization  for 1-6 

Project  report,  annual,  submission  of 306-307 

Projects,  approval  for  construction 34 

preliminary  investigations  for 372 

Promises   involving   the   service 276-277 

Promotion,  absence  to  take  examinations  for 174 

basis   of 147-148 

Prompt  payment,   advantage   of 293-294 

Property,    acquisition    of 473 

action  in  case  of  employe's  resignation 152—153 

adjustment  of  fire  loss  on 217 

contractor's,  possession  by  U.  S.  of 107 

damage  to,  compensation  for 209 

contractor's  sale  of,  under  lien  clause 98 

in  transit,  ownership  of 402-403 

inspector  of,  duties  of 3 

instructions   regarding 277-286 

issuance  from  storehouse  of 363-365 

leased,   destruction   of 253-254 

loss  of  reports  of 1 

ownership  by  employes  of 170-171 


INDEX  605 

Property. — Continued. 

Page. 

personal,  bills  of  lading  not  used  for 421 

private  use  of 388 

private,  transportation  of 183 

proceeds  of  sales  of,  disposal  of 273,  475 

public,  destruction  of 285 

purchases  from  employes 171 

purchase  of,  see  Land;  see  Purchasing. 

record  of  (Form  7-780) 277-278 

reward  for  recovery  of,  lost,  stolen,  etc 285 

sale  of    264,  280-282 

sale  of,  advertising  prior  to 66 

sale  of,  form  of  notice 281 

sale  of,  to  employes 171 

taken    over    under    suspended    contract,    disposi- 
tion of 92 

taxes   on,   United  States  not  liable   for 388 

transfer  of 58,  518 

worthless,  destruction  of  279-280 

Proposals,  abstract  of 28 

abstracts  of,  to  be  sent  to  certain  newspapers. ...  29 

acceptance  of,  other  than  the  lowest 66 

advertisements  for 22-3 1 

certified  checks  filed  with,  disposition  of 28-29 

filing  in  returns  office 

made  part  of  contract 

opening  of 27-28 

report  of  board  on 28-29 

requirement  as  to  securing 66 

withdrawal  of 

Proposals  and  advertisements   22-31 

Public,  aid  from,  acceptance  of 

Public  exigency,  advertising  omitted  in. 137-138 

Public  lands,  see  Lands. 

Public  notices,  announcements  relating  to 287-288 

data    required   for 

entries  prior  to 186-187 

information  to  settlers  regarding 256 


606  INDEX 

Public  Notices. — Continued. 

•       Pago. 

instructions   regarding 286—289 

publishing  and   posting  of 287 

withdrawal  of,   authority  for 483-484 

Publication,    instructions    relative    to 289 

of  advertisement 526 

of  stream  gaging  data 367 

Publicity,  method  of  securing. . .  . 24 

Pullman  accommodations,  securing  of 418 

Pullman  fares,  allowance  of 430-431 

Pumping,  cost  of,  report  of 308 

Pumping  and  power  plants,  design  of 137 

Punishment  of  offenses,  laws  relative  to 536-537 

Purchase  of  books  and  periodicals,  authority  for. .  . .  492 
Purchase  of  land,  see  Land. 

Purchase  order  (Form  7-711),  use  of 295 

Purchase  order  book,  keeping  of 295 

Purchase  of  patented  articles 98—99 

Purchase  vouchers,  examination  of 435-436 

use  of 438-439,  450 

Purchases,  advertisement  prior  to  making 22 

bond  not  required  in  all  cases  of 85 

competition  in  making 66,  291,292,399,435,441,523 

how  to  make 66,  290-295,  441 

in  the  field 192 

vouchers  for  438-439,  450 

Purchases  and  miscellaneous  accounts  unpaid,  record 

of    289-290 

Purchases  from  Departments,  etc 125 

Purchases  'from   employes 171 

Purchases  (unpaid)  account,  debits  and  credits  to...  9 

Purchasing   agent,    duties   of 2,  290 

Purchasing  agents'  card,  Form  7-714,  use  of 25,  295 

Pyramid  Lake  Indian  Reservation,  irrigation  in 504-505 

Quantities    of    excavation,    construction,    etc.,    to    be 

checked    .'. '. 295-296 

Quarantine  of  employe 175 

Quarterly  estimates,  instructions  relative  to 296—297 


INDEX  fi07 

Page. 

Quarterly  statement  and  estimate,  purposes  of 36-37 

rendition  of 306 

submission  to  Secretary 34 

Quotations,   emergency,   securing  of 137-138 

Railroad,  claim  for  transportation  by 420 

claims   against,   collection  of 399 

contracts   with 100-101 

ditches  and  canals  crossing 317-318 

right  of  way  for,  width  of 189 

securing  concessions   from 292 

Railroad  fares  of  employes,  payment  of 142 

Railroad   fares,   reimbursement   of 428-429 

Railroad  land,  how  shown  on  plat 187 

Rating  examination   papers 160 

Real  property,  purchase  and  rental  of 23 

purchase  of,  see  Land. 

Reappraisement  of  unsold  town  lots 396-397,  479-480 

Receipts,  for  cash  payments,  presentation  of 54 

for  disbursements 331-332 

handling  of 63-64 

under  act  Feb.  8,  1905,  how  deposited 273 

Reclamation  Act,  extension  of,  to  Texas.  .• 480 

text  of 471-474 

Reclamation  deposit  account,  use  of 355 

Reclamation  Fund,  advances  to 481-482 

expenses  of  appraisal  and  sale  payable  from 478 

payment  for  an  option  not  allowable 259 

payment  of  damages  for  breach  of  contract  not 

to  be  made  from 104 

payment  of  Y.  M.  C.  A.  secretaries  from 470 

proceeds  from  various  sources  as  repayment  to.  273 

proceeds  of  leases  to  be  covered  into 

proceeds  of  lease  of  power  to  be  covered  into. . .  476 

proceeds  of  sales  covered  into 475 

proceeds  of  sale  of  lands  to  be  covered  into 483 

proceeds  of  sale  of  town  lots  to  be  covered  into. .  476,  478 

reimbursement  to,  for  Indian  work 201 

repayments  to,  security  for 299-304 


608  INDEX 

Reclamation  Fund — Continued. 

Page. 

use  of,  for  expenses  of  appraisement  and  sale ....  476 

use  of,  for  experimental  farms  not  permitted.  .  .  .  184 

use  of,  for  exploration  not  permissible 465 

use  of,  for  operation  and  maintenance 473 

use  of,  for  purchase  of  land 223 

Reclamation  Record,  submission  of  monthly  abstract 

for    305 

Reclamation  Settlement  Section,  work  under  charge 

of 261 

Reconnaissance,  avoidance  of  publicity  during 379 

Record  of  lands  (Form  7-858),  use  of 462 

Recording  fees,   payment   of 298 

Recording  of  instruments,  prerequisites  to 21—22 

Records,  furnishing  copies  of 520-521 

inspection  of 213-214,  520 

inspection  by  water  users  and  others 210—211 

official,  furnishing  copies  of 520—521 

Redemption,  after  default  in  payment 488 

of  unused  coupons 124 

Referee,  decision  not  to  be  submitted  to 101 

Refunds,   disposal  'of,   proceeds   of 475 

for  unused  passenger  tickets 420 

of   freight   charges 101 

Refunds  repayment  account,  debits  and  credits  to..  9 

Register  of  checks  (Form  7-403),  use  of 345,  352 

Register  of  collections,  etc.,  use  of 64 

Register  of  eligibles 161 

Registered  employes,  expenses  of 424 

Registration   of   mail   matter 269-270 

Regulations  governing  examination  and  appointment.  150 

Reimbursable  investment  account,  credits  and  debits 

to    48 

Relatives,  employment  of 143 

Release,    contract,    form   of .. . .  101 

payments  prior  to  execution  of 102 

of  stock  subscription 302-303 

of  trust  deed  contract 303 


INDEX  609 

Page. 

Relief  of  employes,  association  for 170,  198-199 

Relinquishment,  sufficiency  of 236 

of  part  of  farm  unit 191-192 

of   second   form   lands 485 

Remittance,  how  to  make 344-345 

Rent,  cessation  when  premises  destroyed 253-254 

of  offices,  authority  for. 492 

Rental,  charge  for,  in  suspense  account 109 

of  cottages,  rooms,  etc.,  to  employes 298 

of  Government  lands 242-243 

of  Indian  lands,  proceeds  of 273 

See  also  Lease. 

Repair  and  construction  work,  request  for 42 

Repairs,  cost  keeping  for 

Repayments,  proceeds  from  various  sources  as 

security  for 299-304 

Repayment  accounts,  classification  of 14-15 

Replacement  of  structures,  reserve  for 313-314 

Reports,  by  endorsement,  how  to  make 114-115 

by  examiners 

cost,  submission  of 

false,  punishment  for 519-520 

daily  and  weekly,  requirements  as  to 

monthly,  requirements  as  to 48-49 

progress   (Form  7-836) 

special,  rendition  of 308-309 

of  accidents,  requirement  of 

of  changes  (Form  7-576d),  use  of 158,  164 

of  collections 

of  cost  of  pumping  water 

of  engineers  on  right  of  way  applications 

of  fire  loss 218 

of  inspectors 70,214-215 

?1  7 
of  insurance   survey 

of  lands   (7-861),  use  of 464-465 

of  land  purchases 240-241 

of  merchantile  store 

of  mess  house  operations 


610  INDEX 

Reports. — Continued. 

Page. 

of  receipt  of  account  current  (Form  7-401) 352 

on  land  agreement  (Form  7-281) 231 

on  letters  referred  to  the  field 114 

on  petitions,  etc.,  transmission  of 116-117 

on  suspended  contracts 109-110 

of  violations  of  eight-hour,  law 135-136 

to  the  Director 304-309 

to   supervising  and  project   engineers 309 

Request  for  purchase  (Form  7-701),  use  of 25,  294 

Requisition  book  (Form  7-763),  use  of 309-310,  365 

Requisitions  for  funds,  preparation  of 355,  358 

for  transportation  requests 418 

Reservations,  forest,  etc.,  right  of  way  on,  withdrawals 

on    310-312 

for  public  purposes,  authority  for 475 

of  right  of  way  under  Act  Aug.  30,  1890 237 

U.  S.,  how  shown  on  plats 187 

Reserve  for  replacement  of  structures 20,  313-314 

Reservoirs,  cooperation  in  construction  and  use  of.  .  491 

lands  required  for,  reports  on 378-379 

right  of  way  for 310-3 1 1 

site  for,  surveys  of 383-385 

survey  for 372-374 

Reservoir  sites  in  Indian  reservations,  withdrawals  of.  499-500 

Residence,  establishment  of,  absence  after 180-181 

period  of    . . 487 

requirements  as  to 459 

Resignation   of   employes 152-153 

leave  allowed  upon. 173 

Resigning  to  enter  service  of  contractor 152 

Restoration,  date  when  effective. 315 

instructions  regarding 3 14—316 

report  on  power  possibilities  to  accompany  recom- 
mendation   . 270-271 

Resubdivisions,    authority    for 381 

Results,  summary  of,  report  on 308 

Resurveys,  application  for 188-189 

authority  for 381 


INDEX  611 

Page. 

Returns  office,  copies  of  contracts  for 93-95 

bonds   not  filed   in .' 84 

filing  contracts  in,  30-day  period  for 94 

law  relative  to 524-525 

Revenue  accounts,  classification  of 15-16 

Revised  statutes: 

236,  settlement   of   public   accounts 512 

306,  unpaid  checks 340 

308,  payment  of  drafts  or  checks 340 

309,  unchanged  balances 338 

310,  accounts  of  over  three  years  inactivity 341 

512-515,  filing  contracts  in  Returns  office 94 

850,  expenses  of  employees  acting  as  witnesses.  470,513 

951,  suits  against  individuals,  credits  allowed  in.  513 

951,  claims  against  the  United  States 370 

1754,  preference  appointments 162 

1765,  extra  allowance  to  employes  prohibited. .  . .  514 

1765,  per  diem  in  lieu  of  subsistence 426 

2291,  amendment    of 485-486 

2297,  amendment   pf ...... 487 

2477,  right  of  way  for  highways 537 

2680,  townsites    394 

2681,  townsites , 394 

3473,  payments  to  United  States,  currency  to  be 

used    516 

3477,  transfer  of  claims 514-515 

3617,  deposit  of  money 515 

3620,  deposit   of  public   moneys 54,  336 

3648,  advances  of  public  moneys 298,  515 

3679,  voluntary  services 150 

3709,  advertisements,  proposals  and  contracts... 

22,  23,  66,  84,  150,  263,  264,  523 

3709,  compared  with  R.  S.  3744 103 

3710,  opening  of  bids   523 

3722,  presence  of  bidders  at  opening 

3733,  contract  not  to  exceed  appropriation 523 

3737,  transfer   of   contract   prohibited 97,523 

3738,  eight-hour   law 98,  526 


613  INDEX 

Revised  Statutes. — Continued. 

Page. 

3741,  Congressional  clause  in  contracts 97,524 

3743,  contracts  to  be  filed  in  Auditor's  office ....  524 

3744,  contracts 23,  32,  50,  103-104,  263,  264,  524-525 

3744,  compared  with  R.   S.   3709 103 

3744-3747,  contracts 94 

3745,  affidavit  on  contract  filed  in   Returns  Of- 
fice      525 

3746,  penalty  for  failure  to  file  contract  in  Re- 
turns Office 525 

3828,  newspaper  advertisement 251-253,  526 

5488,  punishment  for  •embezzlement,  etc 336 

Reward,  for  conviction  of  persons  injuring  property.  285 

for  lost,  strayed,  or  stolen  property 285 

Rhett  Lake,  changing  level  of 493-494,  495 

Rights,  acquisition  of 473 

Right  of  way,  acquisition  from  settler  of 237 

across  irrigable  lands,  payment  of  charges 316 

application  for,  report  of  engineers  on 312 

canals,  etc.,  width  of 189 

fencing  on  or  across 192,  367-368 

held  by  prescription,  purchase  of 241 

.     highways   537 

Indian  reservation,  withdrawals  on 310-312 

information   to    settlers   regarding 256 

instructions   regarding 316-318 

license  to  cross 96-97 

purchase  of,  recommendations  for 39 

purchase  of,  surveys  for 386-387 

purchase  of,  see  also  Lands. 

railroad,  width  of 189 

reservation   of    537 

under  Act.  Aug.  30,  1890 234 

Rio  Grande,  equitable  distribution  of  the  waters  of.  496-498 

Rio  Grande  dam,  appropriations  for 35,  498 

construction   of 496—498 

Rio  Grande  project,  lease  of  power  in  connection  with .  477 

Roadways  on  unentered  public  lands 318 


INDEX  613 

Page. 

Robertson,  D.  O.,  decision  in  case  of 315 

Robertson  vs.  Sichel  (127  U.  S.,  507,  515),  unliquidated 

damages    209 

Rooms,  office,  lease  of 253-254 

Rooms,  rental  of,  to  employes 298 

Routine  contracts,  execution  of 79 

when  effective 81 

Routing  of  freight  shipments 399,  401 

Rubber  stamps,  signatures,  use  of 117 

Rules  and  regulations,  authority  to  make 474 

Rupert,  Idaho,  preference  right  to  purchase  lots  in..  478 

Sacks,  cement,  accounting  for 56-57 

care  and  return  of 55-56 

St.  Louis  Hay  &  Grain  Co.  vs.  U.  S.  (191  U.  S.,  159, 

163),  payment  on  invalid  contracts 103 

St.  Mary  River,  Montana,  treaty  relative  to  waters  of.  507-508 

Salaries,  expense  for,  classification  of 196 

grading  of 148 

increase   and   reduction   of 148,  149 

of   employes 518 

Sale,  form  of  notice  of 281 

mercantile   store,   accounting 246 

of  cement,  lumber,  etc.,  authority  for 57-58 

of  excess   lands 183-184 

of  land,  agreement  not  to  bid  on,  penalty  for 534-535 

of   lands,   contract   for 226 

of  land  acquired  under  Reclamation  Act 221,  222,  483 

of  lands  allotted  to  Indians 500-501 

of  maps,  plats,  etc 133,  284 

of  property 273,  280-282 

of  property  to  employes 

of  public  lands,  disposition  of  proceeds 471 

of  property,  proceeds  of,  disposal  of 475 

of  timber  cut.from  first  form  lands 312 

of   town   lots ' 

of  town  lots,  expenses  of,  to  be  paid  from  Rec- 
lamation Fund  476 

of  town  lots,  proceeds  to  be  covered  into  Reclama- 


614  INDEX 

Sale. — Continued. 

Page. 

tion   Fund 473 

of  town  lots,  authority  for 475,  578 

to  Departments,  etc 125 

Saloons  on  withdrawn  lands 318 

Samples,  bidders  should  be  required  to  submit 294 

Sanitary  regulations 319-324 

Scales  to  be  used  for  reservoir  and  dam  sites 373-374 

Schedule  of  collections  (Form  7-405),  use  of 64 

Schedule  of  rates,  Form  7-447,  use  of 25 

Schedule  of  rates,  for  advertising,  filing  of 25 

School  grounds,  furnishing  water  to 458 

Screens,  provisions  to  be  made  for 322-323 

Scrip-books,  use  of   420,  429-430 

Sea  wall,  injury  to  or  destruction  of,  penalty  for 536 

Secondary  leveling,  rules  for 377 

Secretary  of  the  Interior,  appeals  to 32-33 

conveyance  of  land  by 483 

Secretary  of  the  Interior,  decisions  of: 

Oct.  5,  1893  (17  L.  D.,  521),  canal  right  of  way. .  234 

Feb., 11,  1903  (32  L.  D.,  6),  withdrawal  of  lands. .  466 

March  3,  1903  (32  L.  D.,  278),  drilling  of  wells. .  465 

Jan.   13,  1904  (32  L.  D.,  387),  land  covered  by 

withdrawal   . . 467 

March  31,  1904  (32  L.  D.,  520),  date  withdrawal 

becomes   effective 466 

May  21,  1904  (32  L.  D.,  647),  excess  lands 302 

Feb.  6,  1905  (33  L.  D.,  391),  purchase  of  lands. .  .  223 

August .30,  1904  (33  L.  D.,  202),  excess  lands. . . .  301 

Feb.  6,  1905  (33  L.  D.,  391),  navigable  streams.  454 

Oct.  12,  1905  (34  L.  D.,  155),  compensation  for 

land  taken 234-235 

Jan.  25,  1906  (34  L.  D.,  421),  compensation  for 

lands  taken - 235 

March  10,  1906X34  L.  D.,  481),  lease  of  land. .  . .  242 

March   30,    1906    (34   L.    D.,    530),    determining 

availability  of  underground  waters 465 

April  11,  1906  (34  L.  D.,  459),  use  of  property. .  280 


INDEX  615 
Secretary's  Decisions. — Continued. 

Page. 

September  .14,  19Q6,  suspension  of  contract 92 

Oct.   11,.  1906  (35  L.  D.,  222),  furnishing  water 

to   Carey  Act  lands 458 

Dec.  31,  1906,  employment  of  entrymen 180-181 

March  11,  1907  (35  L.  D.,  459),  compensation  for 

lands  taken. 235 

July  .7,  1908  (37  L.  D.,  6),  compliance  with  State 

law  , '. 360 

February  26,  1909,  hearings  allowed  contractors.  103  • 
Feb.  27,  1909  (37  L.  D.,  468),  operation  of  sub- 
laterals   368 

Feb.  27,  1909  (37  L..  D.  468),  delivery  of  water. .  454 
June  30,  1909  (38  L.  D.,  58),  condemnation  of  im- 
provements   236 

Nov.  26,  1909  (38  L.  D.  146),  restoration 315 

Dec.   14,   1909  (38  L.  D.,  349),  first  form  with- 
drawals   468 

March  30,   1910  (38  L.  D.,  513),  approximation 

of  areas  , 184 

June  .4,.  1910  ,(39  L-  D-,  2),  irrigable  areas 189 

June  4,, 191,0  (39  L,  IX,  2),  area  on  which  payment 

must  be  made, , , , •  • .-  •  • 458-459 

March  20,  19.1.1.  (39  L.  D.,  580),  issuance  of  water- 
right,  certificate ,»».;., 458 

March  21,, 1911  (39  L.  D.,  591),  sale  of  water  to 

towns   , ...  .,,.„...,, 397 

Sept.  5,  19.11,  filing  contracts  in  returns  office...  94 

March  23,  ,1912,  showing  official  areas 189 

Secretary  of  the  Interior,  service  under  direction  of. . 

Sections,  lines  of,,  projection  of 467 

subdivisions  of  ,.  „. ,.  ,.„...„...,••• •  • 381,  383 

Seepage,  injuries  from  •  .•  •  •  •  - • 208-210 

Separation  of  emplQye.s  ufjora  ,  service,. , 152,  153,  173 

Services,   disbursements   for. 443-444 

miscellaneous,  computing  amounts  due  for 448-449 

miscellaneous,  securing  .of  f - :;.']..'-• 

personal,  how  to  secure oi 263-264 


616  INDEX 

i 

Services. — Continued. 

Page. 

special,   vouchers   for 124-125 

in  excess  of  eight  hours,  payment  for .136-137 

Settlement   on   unsurveyed   land,    no   right   acquired 

against  U.  S.  by 234 

Settlers,  acquisition  from,  of  less  than  subdivision. .  . .  236-237 

compensation  for  land  taken 233-237 

condemnation  of  improvements ~ 236 

information  given  to 194,  256 

inspection  of  accounts  by .' . . .  210-211 

management  and  operation  of  works  to  pass  to. .  473 

postponement  of  charges  for  loss  of  crops 262-263 

property  of,  protection  from  fire 324 

on  withdrawn  lands,  notice  to 468 

Shipments,   checking  of  articles 192-244 

Chicago  office  will  expedite 58 

errors  in,  deductions  from  purchase  invoices  for.  411 

description  of  contents 403-404 

expense  bill  covering,  copies  of 101 

point  of  delivery  of 402 

prepayment  of   413^-14 

routing  of   399, 401 

short  and  bad  order 411-412 

tracing  of    404 

Shipping  receipts,  commercial 404-405 

Shop  order  (Form  7-801),  use  of 274 

Shop  work,  distribution  of  charges 274 

Sickness,  hospital  service  in  case  of 150-151 

relief  in  case  of,  association  for 198-199 

See  Absence  account  of  Sickness. 

Signatures,  rubber  stamp,  use  of 117 

to  correspondence 114 

to  telegrams   388-389 

to  vouchers  439 

Sleeping  cars,  securing  accommodations  on 417—418 

accommodations,  allowance  for 430_431 

Societies,  fees  of 518 

membership   fees   in 519 


INDEX  617 

Page. 

Soil,  alkaline,  rental  of  water  for 263 

examination  of ' 136 

South  Dakota,  laws  of 545-545 

Spear,  Charles,  decision  relating  to  contract  of 92 

Special  fiscal  agent,  absence  from  duty  of 329-330 

bonds  of,  premium  on 49 

caution  to  be  used  by 359 

collection  by 439 

damages  not  to  be  settled  by 357 

deposit  of  receipts  by 63-64 

decisions  may  be  secured  by 66-67 

designation   of    327 

duties  of    5,  330 

inspection  of  work  of 212-213 

instructions  to    24 

instructions  for  making  collections 62-65 

payment   by    54,  153,  357 

payment  by,  evidence  of 437 

payment  for  lands  by 225,  232 

payment  for  stamps,  etc 269 

payment  of  claims  by 59 

payment  of  recording  fees  by 298 

payments  to  other  Departments 125 

proceeds  of  sales,  disposition  of 281 

records  required  to  be  kept  by 345 

responsibilities  and  duties  of 324-360 

separation  from  service  of 330 

voucher  in  cases  of  relinquishment 236 

vouchers  not  to  be  certified  or  approved  by 452 

Special  service,  notations  on  bills  of  lading.' 413 

Special  travel  orders  (7-747),  use  of     433 

Specifications,  after  default  on  contract 

amount  of  bond  to  be  stated 85-86 

changes  in 70 

estimate  of  cost  to  be  submitted  with 26 

expenditures  under,  to  be  authorized 26 

furnishing  copies  of 521 

interpretation  of    68 

modifications  in  , 30,  89-90 


618  INDEX 

Specifications. — Continued. 

Page. 

plans  to  be  submitted  with 130 

preparation   of 27 

preparation  of,  in  the  field 29-30 

should  conform  to  commercial  standard 293 

standard  forms  to  be  followed 27 

submission  to  Director  of. 26 

Spillways,  standard  designs  for.  .  ^ 126 

Stables,  sanitary  arrangements  for 324 

Standard  designs,  use  of 126 

State  and  municipal  offices,  employes  holding 149 

State  government,  agencies,  furnishing  water  to 457—458 

State  land,  how  shown  on  plat 187 

purchasers  of,  water  rights  for 457 

State  law,  compliance  with 360 

not  affected  by  Reclamation  Act 474 

citations  to   116 

references  to 537-547 

Secretary  of  the  Interior  to  proceed  in  conformity 

with 474 

U.  S,  not  bound  by 239 

Stateroom  accommodations,  allowance  for 430-431 

Stationery,    requisitions   for 360—361 

Stationery  clerk,   duties  of 3 

Statutes,  see  Acts:  see  Revised  Statutes. 

Steamer  chairs,  allowance  of  fee  for 430 

Steamer  fares,  reimbursement  of 428-429 

Stenographer,  duties  of 5 

Stenographic  service,  allowance  for 432 

Steward,   duties   of 5,  248-250 

Stock,  water  users  association,  fractional  shares  of..  302 

Stock  ledger  card   (Form  7-760),  use  of 361 

Stock  subscription,  description  of 300 

release   of 302-303 

Stolen  prpperty,  reward  for. 285 

Stone,  earth  and  timber,  use  of 311 

Storehouse,  issues,  from,  record  of 51 

use  of  term 365 


INDEX  619 

Page. 

Storehouse  card  (Form  7-761)' 362-363 

Storehouse  clerk,  duties  of 2,  363-365 

Storehouses,  instructions  relative  to 363-365 

Storerooms,  use  for  lodging  prohibited 254 

Stores,  see  Mercantile  Stores. 

Strayed  property,   reward  for 285 

Stream  gaging,  instructions  relative  to 365-367 

recommendations  for  expenditures  for 39 

Streams,  navigable,  control  of '       454 

Street-car  fares,  allowance  for 443 

Stress  computation  sheets,  preparation  of 126-127 

Structure  book,  instructions  for  keeping 72-73 

Structures,  construction  of,  sale  of  materials  for 57-58 

effectiveness  of,  determination  of 121 

placing  of,  on  right  of  way 96-97 

plans  to  be  filed  in  Director's  office 129 

recommendation  for  construction  and  repair  of . .  38 

replacement  of,  reserves  for 313-314 

sale  of  cement  and  lumber  for  use  in  building. . .  57 

over  ditches  and  canals 367-368 

Subdivision  of  irrigable  lands. 380-387,  477 

plats  showing 185 

Subdivision  of  lands  into  town  lots 475 

Subdivision  of  private  land  into  small,  irregular  lots. .   459-460 

Subdivision   surveys    186,  380—385 

request  for  authority  to  make 395 

Sublaterals,  operation  of 368 

Subsistence,  allowance  -for 

deductions  for,  in  case  of  injuries  to  employees. .  206 

deduction  from  pay  for 

instructions  relative  to 368-369 

per  diem,  in  lieu  of 425-426,  442 

reimbursement  for    •          369 

Sub  vouchers,  requirements  as  to. . . 

use  of 

when  not  required    ...............  r 427-428 

Suit,  bringing  of,  in  Court  of  Claims.. 68 


620  INDEX 

Page. 

Suits,  bringing  and  conduct  of. 369-370 

condemnation  of  land 237-240 

condemnation,  payment  of  judgment  in     104 

credits   allowed   in, 513 

recovery  of  compensation  for  damages 209 

against    contractors,    intervention   by   labor   and 

material  men    92-93 

against  employees,  action  upon     169-170 

against  U.  S.  for  breach  of  contract 104 

by  patentees  against  the  United  States 532-533 

for  collection  of  charges,  jurisdiction  of 489 

Sun  River,  Montana,  disposition  of  lands  near 495-496 

Sunday,  as  affecting  leave  of  absence 174,  175,  177,  532 

Superintendence,   operation   and  maintenance,   direc- 
tor's office 257-258 

Supervising  engineers,  reports  to 309 

work  in  charge  of . , 259-260 

Supplemental    surveys,   field   notes    and    plats    to   be 

filed    381 

Supplies,  contractor's,  possession  taken  of  upon  de- 
fault     : 90 

issuance  of   365 

purchase  of  58,  192,  290 

purchase  of,  bond  required  when 85 

requisitions  for  . 360-361 

transfer   of    244, 518 

vouchers  for  purchase  of 450 

Sureties,  acceptable,  list  of 327 

completion  of  work  under  suspended  contracts..  86 

consent  to  extension  of  time  by 87 

financial  standing  of 86-87 

inquiries  by,  action  on 87 

observation  of  work  by 86 

payment  to,  of  claims  of  defaulting  contractor..    111-112 

premium  on  bond  fixed  by 85 

property  of,  not  to  be  taken  upon  default  of  con- 
tractor      92 

who  may  be   gg 


INDEX  621 

Sureties. — Continued. 

Page. 

bidders  and,  financial  standing  of 29 

on  contractor's  bond 521-523 

Surplus  waters,  disposition  of 490-492 

Survey  and  sale  of  town  lots .' 395 

Survey  notes,  transmission  of 385 

Surveys,  application  for 188-189 

degree  of  accuracy  required  in 372 

instructions   relative  to 370-387 

notes   and  notebooks 387 

resubdivision,  when  not  necessary 381 

subdivision,  authority  for 477 

for  town  lots    395 

instructions  for    186 

payment  for    477-478 

to  be  begun  as  soon  as  locations  determined.  .  .  .  224 

when  approval  of  Land  Office  required 381 

for  drainage  works  

for  right  of  way  and  land  purchases 386-387 

Suspended  contract,  accounting  for     104-112 

Suspense  account,  keeping  of 108-109 

Suspensions,  action  upon    349-350 

appeal  from 68 

of   contracts    90-93 

of   employees    . 

Switching,  charges  for 

Switching  charges,  vouchers  for 124-125 

Symbols,  use  on  drawings , 

Tanks  for  water  storage,  materials  for  construction  of, 

sale  of   : 57-58 

Taxes,  United  States  not  liable  for 

Teams,  contractors,  cost  of  work  of 

hire  of   4,31-32,101 

computations  for  

responsibility  for  care   of •_• " 

services  of,  account  for 

use  of  for  private  purposes 

Teamster,  employment  of 


622  INDEX 

Page. 

Telegrams,  copies  of  to  be  furnished 427 

instructions  relative  to 388-390 

preparation  of    389 

Telegraph,  injury  to  or  destruction  of,  penalty  for..  535 

Telegraph  blanks,  commercial,  use  of 389 

Telegraph  code,  use  of 389 

Telegraph  service,  allowance  for 431 

Telephone,  injury  to  or  destruction  of,  penalty  for.  .  .  .  535 

tolls  for,  vouchers  covering 450 

use  for  private  purposes,  law  regarding 432 

Telephone  service,  allowance  for 432 

instructions  relative  to    390 

law  relative  to   525-526 

Temporary  appointments,  how  to  make 165-168 

reports  of    . 159 

Temporary  employment,  leave  of  absence 172 

Temporary  employment,  how  to  secure 144 

noneducational   163-164 

Termination  of  contracts,  notice  of 96 

Test  pits,  purpose  of 378 

Texas,  extension  of  Reclamation  Act  to 480 

laws   of    546 

Three-year  homestead  law 485-487 

Tickets,  railroad,  method  of  securing 417-418 

unused,  refund  for 429 

Timber,  contracts  for  cutting  of 390 

cutting  of,  precautions  against  fire 312 

destruction  of,  penalty  for 533 

earth  and  stone,  use  of 311 

Timebook,  certification  of 393 

•  preservation  of 391 

(Form  7-812),  use  of 391 

Timekeeper,  duties  of    5 

employment  of 119 

instructions  to    73 

Timekeeping,  instructions  relative  to 390-394 

Title,  prescriptive,  purchase  of 241 

Title  papers,   resubmission  of 232 

what  are 225 


INDEX  623 

Page. 

Title  to  lands  must  be  had  before  construction 40,  224 

Title  to  lands  needed,  acceptance  of . . .  . 225 

Topographic  features,  showing  on  plats 189 

Topography,  planetable 373 

Tort,  definition  of 208-209 

Town  lots,  appraisal  of,  authority,  for „ . .,,,  475-476 

appraisers  of,  appointment  of. 264 

deferred  payments  for,  authority  for.  ..........  480 

proceeds    of    sales . ..,.''./...., 273 

unsold,  reappraisement  of 479-480 

Towns,  water  rights  for 476 

Township  plat,  see  Farm  Unit  Plat. 

Townsites,  authority  for  withdrawal  of 478 

furnishing  water  to  . .  .  . . 475-476 

instructions  relative  to .  . 394-397 

lands  subdivided  to  indicate  use  as 460 

preparation  of  plat  for .  k .'....  395 

proceeds  of  sales  to  be  covered  into  Reclamation 

fund    478 

reservation  for,  how  shown  on  plat 187 

reservations  in,  for  public  purposes. 475 

sale  of  lots  in,  data  to  be  furnished 395-396 

size  of,  law  relating  to. 478 

unsold  lots  in,  reappraisement  of ...............   479-480 

water  to  be  furnished  under  contract 396-397 

Tracing   of    shipments.  .,.,.,,. 399,  404 

Tract  books,  subdivision  surveys  to  be  noted  on.  ...   477-478 

Trade-marks,  registration  of 521 

Transfer,  availability  of  employees  for 152,  153 

claim  (7-464),  use  of.,,,,,, 201 

local   (Form  7-779), 244-245 

adjustment  account,  debits  and  credits  to. 

of  claims .,...,,.,,..,.,..'...,...   514-515 

of  contracts,  clause  prohibiting 

of  contract,  prohibition  of.  . .  . 523 

of  employees    ...„..,,, ,,,,,,.' 149,  173,  392^393 

of  equipment  (Form  7-779),  use  of,  .,,..,-.•... . . 
of  equipment  between  projects. 


624  INDEX  , 

Transfer. — Continued. 

Page. 

of  funds  337 

of  traveler  and  baggage 430 

vouchers,  register  of t 434 

Transfers  vouchers  issued  account,  debits  and  credits 

to    8-9 

Transfer  vouchers  received  account,  credits  and  debits 

to 8 

Transit,  topography  with 373 

Transit  book,  instructions  for  keeping 71 

Transportation,  competition  not  required  for 23 

contracts  involving   97 

excessive  charges  for  443 

forms  relating  to 416-417 

passenger,  claims  for   419-420 

Transportation  agent,  expense  bills  to  be  transmitted 

to    ' 101 

instructions  to    24,  398-399 

Transportation  and  Purchasing  Section,  work  under 

charge    of    262 

Transportation  claims,  administrative  examination  of  416 

Transportation  clerk,  duties  of   2,  399-400 

Transportation  of  commodities,  instructions  relative 

to 397-417 

of  employes  to  place  of  duty , 142 

of  laborers  to  site  of  work 421 

of  passengers   417-421 

of  private  property  183,  443 

Transportation  office,  functions  of 58 

purchasing  through 292 

Transportation  request,  books  of,  transfer  of 418-419 

listing  of   443 

loss  of    418 

not  to  be  used  for  excess  baggage  charges 183 

refusal  to  accept 429 

unauthorized  use  of   421 

use  of 417-418 

Travel,  authority  for 34,  424-425 


INDEX  625 

Travel . — Continued. 

Page 

Departmental  regulations  governing 424-425 

expense  of,  actual  only  to  be  allowed 514 

expense  for,  classification  of 196 

orders  for  general  and  special 423 

payments  for,  classification  of   60 

payment  of  expenses  with  personal  funds ...  193 

personal,  transportation  requests  not  used  for. . .  421 

reimbursement  for  expenses 441 

route  of,  how  determined 425 

subsistence   during    369 

Travel  expense,  allowable  items  of 427-431 

evidence  of   426-428 

instructions  relative  to 421-433 

reimbursement  of 23 

Travel  orders,  instructions  regarding 433 

issuance  of    441-442 

Travel  vouchers,  oaths  to,  authority  to  administer.  .  .   513-514 

Treasurer,  statements  of 437 

Treasury  Department,  accounts  to  be  settled  in 512 

authority  to  correspond  with  officers  of 35 

circular  No.  52,  July  19,  1907,  reference  to.  ..'...  31 

circular  No.  52  reference  to 54 

Tree  planting,  information  to  settlers  regarding 256 

Triangulation 377-378 

Trust  deed,  release  of 303 

use  of  299-300 

Trust  patents,  authority  to  cancel 500 

Tuberculosis,  prevention  of   319-320 

Tule  Lake,  changing  level  of . '.493-494,  495 

Turnouts,  standard  designs  for 126 

Typhoid,  prevention  of   322-323 

Uintah  Indian  Reservation,  irrigation  of  lands  in 508-509 

Umatilla  River  Water  Users  Association  vs.  Irvin  et 

al  (108  Pac.,  1016) *  304 

Underground  waters,  determining  availability  of..'.v>         465 

Unit  costs,  comparison  of 

U.  S.  v.  Andrews  (207  U.  S.,  229,  243),  payment  on  in- 


626  INDEX 

Page. 

valid  contracts   103 

U.  S.  v.  Bethlehem  Steel  Co.  (205  U.  S.,  121),  liqui- 
dated damages   88 

U.  S.  v.  Hanson  (167  Fed.,  881),  settlement  on  unsur- 

veyed  land 234 

U.  S.  v.  Van  Home  (197  Fed.,  611),  condemnation  of 

lands    238 

U.  S.  v.  O'Neill  (198  Fed.,  677),  condemnation  of  land  238-239 

United  States  Attorney,  title  papers  sent  to 225 

Unliquidated  claims,  definition  of 59 

Unliquidated  damages    ' 99-100 

settlement  of    209 

Unsurveyed   land,    settlement   on,    no    right    acquired 

against  U.  S 234 

withdrawal  of 467 

Upper  Klamath  Lake,  changing  level  of 495 

Utah,  Indian  lands  in,  irrigation  of 508-509 

laws  of 546 

Vacancies,  field,  how  to  fill 165-166 

Van  Brocklin  v.  Tennessee  (117  U.  S.,  151),  United 

States  not  liable  for  taxes 388 

Vaults,  placing  of 323 

Vehicles,  rental  of    32 

Vested  rights,  classification  of 460 

withdrawal  does  not  include  lands  covered  by. .  .  467 

Visitors,  meals  furnished  to  368-369 

Vitrified  pipe,  sale  of,  to  water  users 57-58 

Voluntary  services,  acceptable  of 150-151 

Voucher  certificates  not  to  be  changed 452-453 

certification  of   220 

certification  and  approval  of 333 

disbursement,  examination  of 434.436 

examination  of 524 

itemization   of    439_440 

memorandum  copies  of 453.454 

number  of  copies  to  be  made 449 

only  one  to  be  taken 438 

payment  of .330-331,  438 


INDEX  627 

Voucher. — Continued. 

Page. 

preparation  of    V          438 

preparation  and  payment  of 436-450 

'  register  of,  bookkeeper  should  keep 3 

use  of 434 

retained  copies  of   449 

Form  7-448,  use  of V. .".'.".'.' 25 

verification  of 437^1-38 

claims  and,  certification  and  approval  of 450-454 

for  claims  prior  to  execution  of  contract 104 

for  meals  furnished  434 

for  payments  to  physicians,  instructions  relative 

to    200 

for   personal   expenses    441 

Wagons,  hire  of,  contracts  for 4 

Waiter's  fees,  allowance  for    431 

Walls,  retaining,  standard  designator 126 

Warehouses,  designation  of  .  •'*•£<  • 365 

Warnings,  posting  of,  instructions  relative  to 207 

Warren  Act,  text  of 490-492 

Washington,  Indian  lands  in,  irrigation  of 509-512 

laws  of  546-547 

Water,  amount  to  be  furnished 454 

appropriation  of 454 

delivery   of    454 

delivery  of,  cost  of 121 

disposal  of  under  act  Feb.  21,  1911  (36  Stat.,  925)  455 

duty  of 255 

filtration  and  boiling  of    321 

furnishing  to  lands  on  which  building  charges  are 

in  arrears  

measurement  of 255-256 

pumping  of,  report  of  costs 308 

quantity  of,  to  be  furnished 

regulation  of  supply  

rental  of 455 

rental  of,  to  wash  alkali  from  soil 263 

requests  for  and  delivery  of 256 

surplus,  disposition  of 490-492 


C28  INDEX 

Water. — Continued. 

Page. 

underground,  determining  availability  of 465 

users  of,  cooperation  by 256 

wasting  of,  responsibility  for 256 

Water  rentals  (uncollected)  account,  debits  and  cred- 
its  to    12 

Water  rights    455-460 

appurtenant  to  the  land 474 

certificate  of,  effect  of  issuance 458 

charges  and  records  for 460-465 

classification  of    460-465 

correspondence  relating  to 114 

filing,  adjusting,  etc 182 

limit  of  area  186 

payment  for,  agreement  for  300 

priorities,   ascertainment   of    459 

records  of    t. 461-462 

Water-right  application,  area  on  which  payment  must 

be   made 458-459 

conformity  to  plats    186 

control  of  delivery  of  water  under 454 

effect  of  issuance  of  certificate 458 

errors  in  passing  upon,  correction  of 32 

for  small,  irregular  lots 459-460 

limit  of  area  for   287 

modification  of,  authority  for. 483-484 

recording  of,  form  used  for .' 461 

Water  right  building  collections  account,  credits  and 

debits  to . 48 

conveyance  of  land  by 48/ 

Water-right  charges,  designation  of 461 

(uncollected)  account,  debits  and  credits  to 12-13 

Water-supply,  investigation  of  conditions  governing.  .  372 

for  towns,  furnishing  of 396-397 

Water-users,  accounts  with,  opening  of 463 

collections  from 300-301 

information  given  to 194,  256 

inspection  of  accounts  by 210—211 


629 

Page. 

Water  users  association,  approval  of  power  lease  by. .  477 

certificate  of  membership  in. • 302 

cooperation  with    491 

correspondence  relating  to    114 

modification  of  contracts  with -      483 

organization   of    299-304 

reference    to,    in    decision    of    Oregon    Supreme 

Court 304 

sale  of  building  materials  to 58 

State  laws  regarding,  see  State  names. 

Water-users'  ledger,  instructions  regarding 462—463 

Way  bills,  securing  copies  of . 101 

Wells,  drilling  and  paying  for 465 

Wharf,  injury  to  or  destruction  of 536 

Widell-Finley  Co.  contract,  Comptroller's  decision  re- 
garding  '. 91 

Wm.  Cramp  &  Sons  vs.  U.  S-  (216  U.  S.,  494),  unliqui- 
dated damages   209 

Withdrawal,  application  to  enter  does  not  affect 236 

authority   for    472 

character  of  reclamation   311 

date  when  effective  466 

experimental  farms,  authority  for 184 

first  form  467-469 

first  form,  to  protect  works 311 

Indian  reservations 499-500 

lands  covered  by,  entry  of 186-187 

instructions   regarding    465-470 

entry  not  allowed  on   482,  485 

lease  of 242,469 

power  possibilities  on 270-271 

saloons  on  , 318 

settlers  on   468 

military  and  forest  reservations 310-312 

mineral  lands  within  limits  of 466 

recommendations  for    378 

release  of  lands  from   314—316 

right  of  way  across  lands  covered  by 316 

scope  of  468 


630  INDEX 

Withdrawal. — Continued 

Page. 

second  form 469-470 

second  form,  relinqttishment  of  lands  under 485 

townsites,  authority  for 394,  475,  478 

townsite,  recommendation  for 395 

Witnesses,  expenses  of  employes  while  acting  as. ...  513 

members  of  Service  as 470 

Work,  authorization  of 33-49 

closing  of,  extension  of  time  for 89 

Work  and  expenditures,  authority  for 34 

Workmen,  8-hour  day  for 526-529 

Wyoming,  laws  of   547 

Yakima  Indian  Reservation,  irrigation  of  lands  in. ...  509—512 

Yellowstone  River,  Montana,  dams  across 495 

Young  Men's  Christian  Association,  employment  of 

trained  secretaries  470 

Yuma  Indian  Reservation,  irrigation  on 503—504 


UNIVERSITY  OF  CALIFORNIA  AT  LOS  ANGELES 

THE  UNIVERSITY  LIBRARY 
This  book  is  DUE  on  the  last  date  stamped  below 

I  ] 


2  7  196 

REC'D  LD-URL 


I  MOV  06  198 

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Form  L-9 
20M-V  42(8518) 


UNIVERSITY  OF  CALIF0RNU 
AT 

LOS  ANGELES 


.U.S 


823.6     reclamation  -" 


pf 


1913       United  States 


^Q 


TC 
823.6 


1913 


L  005  459  299  3 


AA    000972867     6 


